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Dana Point · Renting & eviction

Renting in Dana Point: the rules that apply

Dana Point has no rent control or eviction rules of its own and adds no other renting rules to state law. State law governs rent increases, eviction, notices, deposits and repairs; its rent cap and just-cause rule apply to covered units only.

Key points

  • Rent cap: State law caps covered units at 8.7% for increases taking effect August 1, 2026 through July 31, 2027, measured over any 12 months.
  • Cap limits: The state cap over any 12 months is 5% plus regional inflation or 10%, whichever is lower, with no more than two increases.
  • Just cause: After 12 months' lawful occupancy, state law lets a covered unit's owner end the tenancy only for a just cause stated in the notice.
  • Ending notice: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.
  • Relocation pay: On covered units, no-fault just causes require one month's rent as payment or rent waiver, paid within 15 calendar days of the notice.
  • Security deposit: State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.

Each rule below is marked Dana Point code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.

Rent increases

CA state law Dana Point has no rule of its own on this, so California law applies. Rent cap right now: 8.7% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.7% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

CA state law Dana Point has no rule of its own on this, so California law applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →

Relocation payments

CA state law Dana Point has no rule of its own on this, so California law applies. No-fault eviction relocation assistance: One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice (Civ. Code § 1946.2(d)(3)(A)). Relocation under California's just-cause law — the full state rule →

Notices

We found no Dana Point rule on this in the Dana Point Municipal Code (extracted October 2026). The state rule below applies.

CA state law California law
Notice of a rent increase
At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10%
Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together.
Notice to end a month-to-month tenancy (landlord)
60 days' notice; 30 days if the tenant has lived there less than one year
Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause.
Notice to end a month-to-month tenancy (tenant)
At least as long as the rental period (one month for a month-to-month tenancy)
30-day notice when the unit is sold to an owner-occupant
30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year
Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met.
Notice to pay rent or quit
3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay
Applies: May be served any time within one year after the rent became due.
Notice to cure a lease violation or quit
3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave
No fee for serving notices
A landlord may not charge the tenant a fee for serving or posting a notice

Security deposits

CA state law Dana Point has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

CA state law Dana Point has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

Harassment and lockouts

CA state law Dana Point has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

Repairs and habitability

CA state law Dana Point has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law Dana Point has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Short-term rentals

Dana Point code What Dana Point's code adds
Allowed
  • Yes, with a short-term rental permit.
    Applies: Homes in zones that allow residential use. Not ADUs, JADUs, certain duplex units or affordable units. At most 115 permits outside the Coastal Zone.
    § 5.38.090 · code text
    No person shall rent, offer to rent, or advertise for rent a dwelling for use as an STR unless such dwelling is in a zoning district where residential uses are allowed, including, but not limited to, detached single-family dwellings, condominiums, duplexes, triplexes, townhomes, and multiple-family dwellings, and no STR permit shall be issued for a dwelling that does not meet this criteria.
Cap on rentals
  • No more than 115 short-term rental permits.
    Applies: All types of short-term rentals at homes outside the city's Coastal Zone.
    § 5.38.030 · code text
    A total maximum of 115 STR permits may be issued for any type of STR located at dwellings outside the City's Coastal Zone.
  • No more than 60 of the available permits.
    Applies: Short-term rentals that are not the owner's primary residence.
    § 5.38.030 · code text
    In addition, no more than 60 of the available STR permits shall be for non-primary STRs.
  • Only 1 short-term rental permit per property owner.
    Applies: From the date the chapter took effect. Earlier permits that conflict may continue.
    § 5.38.030 · code text
    Upon the effective date of this Chapter, STR permits shall be limited to one STR permit per property owner without regard to the category of STR to which such STR permit applies
  • No more than 1 unit may become a short-term rental.
    Applies: Properties with 5 or fewer homes in a building or group of buildings.
    § 5.38.030 · code text
    Additionally, properties with five or fewer residential units that are located in a structure or group of structures may only convert a maximum of one unit into an STR
  • No more than 20% of the homes may become short-term rentals.
    Applies: Properties with 6 or more homes in a building or group of buildings.
    § 5.38.030 · code text
    and properties with six or more residential units that are located in a structure or group of structures may only convert a maximum of 20% of the total number of residential units into STRs.
Nights per year
  • No more than 60 days per 12-month period.
    Applies: Short-term rentals of a primary residence.
    § 5.38.090 · code text
    A property owner to whom an STR permit for a primary residence STR is issued shall be limited to renting the dwelling to which the STR permit applies for a maximum of 60 days per 12-month period
Permit or registration
  • A short-term rental permit is required.
    § 5.38.030 · code text
    Should the new property owner desire to use any dwelling on the parcel as an STR, such new property owner must apply for and receive an STR permit.
Primary residence
  • No. Rentals of homes that are not a primary residence are allowed.
    Applies: For home stay rentals, the owner must be on the property from 10:00 p.m. to 7:00 a.m. during the rental.
    § 5.38.090 · code text
    Notwithstanding any other provision of this Chapter to the contrary, the property owner of a home stay short-term rental or multiple-family home stay short-term rental shall be present at the parcel upon which the STR is located during the rental period between the hours of 10:00 p.m. to 7:00 a.m.

Hotel and short-term rental tax

Dana Point code What Dana Point's code adds
Tax rate
  • Hotel guests pay a tax of 10% of the rent.
    § 3.25.030 · code text
    For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 10% of the rent charged by the operator.
Who collects it
  • The operator collects the tax from each guest at the same time as the rent.
    § 3.25.050 · code text
    Each operator shall collect the tax imposed by this Chapter to the same extent and at the same time as the rent is collected from every transient.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Dana Point?

State law caps covered units at 8.7% for increases taking effect August 1, 2026 through July 31, 2027, measured over any 12 months. The state cap over any 12 months is 5% plus regional inflation or 10%, whichever is lower, with no more than two increases.

Does a landlord in Dana Point need a reason to evict?

After 12 months' lawful occupancy, state law lets a covered unit's owner end the tenancy only for a just cause stated in the notice.

Does a Dana Point landlord have to pay relocation?

On covered units, no-fault just causes require one month's rent as payment or rent waiver, paid within 15 calendar days of the notice.

How much notice does a Dana Point landlord have to give?

State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.

How much can a Dana Point landlord charge for a security deposit?

State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.

Can I rent out my home short-term in Dana Point?

Dana Point's code: Yes, with a short-term rental permit. (Homes in zones that allow residential use. Not ADUs, JADUs, certain duplex units or affordable units. At most 115 permits outside the Coastal Zone.) (§ 5.38.090); No more than 115 short-term rental permits. (All types of short-term rentals at homes outside the city's Coastal Zone.) (§ 5.38.030).

What is the hotel tax on short-term rentals in Dana Point?

Dana Point's code: Hotel guests pay a tax of 10% of the rent. (§ 3.25.030); The operator collects the tax from each guest at the same time as the rent. (§ 3.25.050).

General information, not legal advice.

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