Cal. Civ. Code § 1947.1

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2025CaliforniaParking & Storage

Operative Text

Cal. Civ. Code § 1947.1
(a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.
(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement.
(2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.
(c) (1) A tenant
of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.
(2) If there are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.
(d) (1) A tenant’s failure to pay the parking fee pursuant to a separately
leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.
(2) If a tenant fails to pay by the 45th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenant’s right to lease that parking spot.
(e) For purposes of this section:
(1) “Owner of qualifying residential property” includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.
(2) (A) “Qualifying residential property” means any dwelling or unit that is intended for
human habitation that meets all of the following criteria:
(i) The property is issued a certificate of occupancy on or after January 1, 2025.
(ii) The property consists of 16 or more residential units.
(iii) The property is located in one of the following counties:
(I) Alameda.
(II) Fresno.
(III) Los Angeles.
(IV) Riverside.
(V) Sacramento.
(VI) San Bernardino.
(VII) San Joaquin.
(VIII) Santa Clara.
(IX) Shasta.
(X) Ventura.
(B) “Qualifying residential property” does not include any of the following:
(i) A residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.
(ii) A housing development of which 100 percent of its units, exclusive of any manager’s unit or units, are restricted by deed, regulatory
restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(iii) A housing development that receives low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code (26 U.S.C. Sec. 42).
(iv) A housing development that is financed with tax-exempt bonds pursuant to a program administered by the California Housing Finance Agency.
(v) A residential unit that is leased to a tenant who receives a federal housing assistance voucher issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec.
1437f), including a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(3) “Unbundled parking” means the practice of selling or leasing parking spaces separate from the lease of the residential property.
Source: Legislative text reproduced verbatim
Plain English

Cal. Civ. Code § 1947.1 requires that owners of qualifying residential properties — generally, buildings of 16 or more units receiving a certificate of occupancy on or after January 1, 2025, in specified California counties — separate parking costs from rent entirely. Off-street parking must be offered through a standalone agreement or addendum rather than bundled into the base lease, and this separation applies for the life of the property. Nonpayment of a parking fee cannot be used as grounds for an eviction action, though an owner may revoke a tenant's parking access after 45 days of nonpayment under the separate parking agreement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Operators of qualifying residential properties under Cal. Civ. Code § 1947.1 generally document parking in a separate rental agreement or addendum, keeping it entirely distinct from the residential lease. Compliant operators also honor existing tenants' right of first refusal to on-site parking spaces and, when spaces become available after a new tenant moves in, extend that right of first refusal to the new tenant. Because unpaid parking fees cannot support an unlawful detainer action, operators typically track parking payments separately and rely on the 45-day revocation mechanism provided by the statute when fees go unpaid.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Cal. Civ. Code § 1947.1, tenants of qualifying residential properties have the right to be offered parking separately from their rent, and they hold a right of first refusal to parking spaces built for their building. Importantly, a failure to pay a separately leased parking fee cannot be used as the basis of an eviction proceeding against a tenant. Tenants who believe these protections are not being honored may consult a local tenant-rights organization or a local rent board, if one has jurisdiction, to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2025
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 7.2
Parking permit restriction notification
§ 1940.41
§ 1947.6

Source Information

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