Modesto, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Transient Definition
- 27 consecutive days or less
- Code Section
- MMC § 8-2.602
- Local Guest Cap
- None codified
- State Default
- CA Building Code (Title 24 CCR)
- Min Room Size Authority
- Cal. H&S Code § 17922
Summary
Modesto's code defines a 'transient' as anyone occupying a unit for 27 consecutive days or less, which triggers permit and TOT obligations, but the Modesto Municipal Code does not impose a city-specific maximum guest count for short-term rentals. State default occupancy standards in the California Building Code and California Health & Safety Code apply.
'Transient' means any person who exercises occupancy or is entitled to occupancy for a period of twenty-seven (27) consecutive calendar days or less.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
Modesto Municipal Code section 8-2.602 defines a 'transient' as 'any person who exercises occupancy or is entitled to occupancy for a period of twenty-seven (27) consecutive calendar days or less,' establishing the threshold for short-term rental regulation. No Modesto-specific ordinance directly imposes an overnight guest cap, daily-rental cap, or persons-per-bedroom limit on short-term rentals. The California default applies: California Health & Safety Code § 17922 incorporates the California Building Standards Code (Title 24 CCR), which sets minimum room and dwelling occupant load standards (CBC Table 1004.5 / CRC R304-R305 minimum room sizes). Operators should also comply with the maximum occupant load posted by the Fire Marshal for any assembly use and any HOA/CC&Rs that further restrict guest counts.
Violations & Fines
Hosting stays longer than 27 consecutive days shifts the tenancy out of 'transient' status under § 8-2.602, exempting it from TOT but potentially triggering California's residential tenancy protections (Civil Code §§ 1940 et seq.) and the city's residential rental regulations. Overcrowding beyond California Building Code occupant-load standards can result in code enforcement citations under MMC Title 4.
Frequently Asked Questions
Does Modesto cap how many guests can stay in a short-term rental?
When does a stay stop being a 'short-term' rental?
Sources & Official References
Other rules in Modesto
California rules heatmap·Compare Modesto to another location·View the California short-term rentals overview
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