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San Benito County, CA Rental Property Rules: Repairs & Habitability (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
County Code Ch. 21.05
Trigger
Code violation forces unit vacation
Enforcer
Director of Planning / District Attorney
Tenant remedy
Private right of action, § 21.05.014

Summary

Unincorporated San Benito County requires owners to pay tenant relocation costs when code violations force a rental unit's vacation, treating such violations as a breach of habitability.

These county ordinances apply to unincorporated areas of San Benito County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

These code violations are often caused by the negligence, deferred maintenance, or the illegal use of the structure as a residence by the property owner. Code violations may breach the owner's implied warranty of habitability, and could constitute constructive eviction of the tenant household from its residence.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).

Full Breakdown

Under San Benito County Code Chapter 21.05 (Property Owner Relocation Obligations), the county finds that residential rental units with code violations that threaten health, life, or safety may breach the owner's implied warranty of habitability and can constitute constructive eviction. When a tenant is displaced from an unincorporated-county rental because the unit must be vacated for repair, demolition, or an order due to substandard conditions, County Code § 21.05.006 places relocation-cost obligations on the property owner rather than the tenant or the county. The chapter is enforced by the Director of Planning or designee and the District Attorney's Office, and applies to code enforcement activities carried out under the San Benito County Code, the Uniform Fire Code, Uniform Housing Code, and the Health and Safety Code.

Violations & Fines

Owners who fail to pay required relocation costs can be billed and reimbursed by the county, which recoups costs it advances for tenant relocation, and tenants have a private right of action under § 21.05.014.

Frequently Asked Questions

Does this chapter apply inside Hollister or San Juan Bautista?
No. It governs rental units in unincorporated San Benito County only; each city enforces its own housing code.
What counts as a habitability breach under this chapter?
Code violations caused by owner neglect, deferred maintenance, or illegal residential use that threaten a tenant's health, life, or safety, per § 21.05.002(B).

Sources & Official References

Other rules in San Benito County

All San Benito County rules

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