San Benito County, CA Rental Property Rules: Repairs & Habitability (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 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.
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?
What counts as a habitability breach under this chapter?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California rental property rules overview
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