Fremont prohibits short-term rentals (under 30 days) of any ADU under California Government Code 65852.2(a)(6) and FMC 18.190.005. Long-term rentals (30+ days) of an ADU are allowed but are subject to AB 1482 (Cal. Civ. Code 1946.2) just-cause eviction and statewide rent caps. Fremont does not have a local rent-control ordinance.
California Government Code 65852.2(a)(6) requires every ADU and JADU permit to include a restriction that the unit cannot be rented for less than 30 days. FMC 18.190.005 incorporates this 30-day minimum, applied to both attached ADUs, detached ADUs, JADUs, and garage-conversion ADUs. Fremont separately regulates short-term rentals of primary dwellings under FMC Chapter 5.100 (Short-Term Rentals), but ADUs cannot operate as STRs under any circumstance because they are not the host's primary residence. Long-term ADU rentals (30+ days) are governed by California's Tenant Protection Act of 2019 (AB 1482, codified at Civil Code 1946.2 and 1947.12), which imposes statewide just-cause eviction protections after 12 months of tenancy and caps annual rent increases at 5% plus CPI (maximum 10%). Fremont does not have a local rent-control ordinance, so newly built ADUs are NOT subject to a local rent ceiling. Costa-Hawkins (Civ. Code 1954.50-1954.535) exempts new construction first certified for occupancy after February 1, 1995 from local rent-ceiling laws even if Fremont adopted one. Fremont's Rental Housing Safety Program does not apply citywide to ADUs the way Berkeley's does, but ADUs must meet California Building Code habitability standards.
Renting an ADU for less than 30 days violates FMC 18.190.005 and California Gov. Code 65852.2(a)(6). Fremont actively monitors Airbnb/VRBO listings tied to Fremont addresses. Administrative citations begin around $100 and escalate with repeat violations. The recorded ADU covenant against short-term rental can be enforced through injunctive action and revocation of the Certificate of Occupancy. Violating AB 1482 eviction protections exposes the owner to tenant damages of 3x rent plus relocation assistance under Civil Code 1946.2(d).
Fremont, CA
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