Civil Code Property, Pets & Rentals
Renting Portions of Owner-Occupied Homes
Chapter 5 · Property Use and Maintenance · Protected Uses
Text current as of 2026-07-07 · Last amended by AB 1410, eff. 2023-01-01
The code says CIV §4739
(a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibits the rental or leasing of a portion of the owner-occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of more than 30 days.
(b) Nothing in this section shall permit an owner of a separate interest or a resident renting or leasing a portion of the owner-occupied separate interest to violate any provision of the association governing documents that govern conduct in the separate interest or common areas, or that govern membership rights or privileges, including, but not limited to, parking restrictions and guest access to common facilities.
(Added by Stats. 2022, Ch. 858, Sec. 3. (AB 1410) Effective January 1, 2023.)
How courts have read this
No case law is mapped to this section yet. As decisions are added, they’ll appear here.