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HomeCivil CodeDiv. 4Pt. 5Ch. 5Art. 1§ 4739 Owner Rental Rights Protection

§ 4739 Owner Rental Rights Protection

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4739 Owner Rental Rights Protection

Key Takeaways

  • •If you own a home in a shared community (like a condo or townhouse), you can rent out part of your home even if the community rules say you can't, as long as the rental is for more than 30 days.
  • •You still have to follow the community's rules about behavior, parking, and using shared spaces like pools or gyms.
  • •This rule started on January 1, 2023.

Example

You own a condo in a building with a rule that says no renting. You want to rent out your extra bedroom to a friend for 6 months.

You can do this because the rental is for more than 30 days. But your friend still has to follow the building's rules, like not parking in the wrong spot or causing trouble in shared areas.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4739 Owner Rental Rights Protection

(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.)

Last verified: January 21, 2026

Key Terms

separate interestcommon interest developmentgoverning documentrental or leasingowner-occupied30 days

Related Statutes

  • § 4740 Rental Restrictions In Hoas
  • § 4741 Rental Restrictions In Hoas
  • § 4715 Pet Ownership In Hoas
  • § 4730 Owner Marketing Rights Protection
  • § 6706 Pet Ownership Grandfather Clause

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4739.
View Official Source