ADU Rental Restrictions: Fremont vs San Leandro
How do adu rental restrictions rules compare between Fremont, CA and San Leandro, CA?
Fremont and San Leandro have similar restriction levels.
Fremont, CA
Alameda County
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.
View full Fremont rules →San Leandro, CA
Alameda County
Per San Leandro Zoning Code §2.04.388, if an ADU or JADU is rented, the rental term must be 30 days or longer; short-term rental (under 30 days) is prohibited.
View full San Leandro rules →Key Facts Comparison
| Fact | Fremont | San Leandro |
|---|---|---|
| Min Rental Term | 30 days (Gov. Code 65852.2(a)(6)) | - |
| ADU as STR | Prohibited (not primary residence) | - |
| AB 1482 Cap | 5% + CPI / max 10% | - |
| Local Rent Control | None in Fremont | - |
| Just-Cause Eviction | Required after 12 months (AB 1482) | - |
| Minimum rental term | - | 30 days |
| Short-term rentals | - | Prohibited for ADUs and JADUs |
| Code section | - | Zoning Code §2.04.388 |
| State authority | - | Gov. Code §65852.2(a)(1)(D)(xi) |
| AB 1482 cap | - | Long-term ADU tenancies may be covered (Civ. Code §1947.12) |
Highlighted rows indicate differences between cities.
Fremont FAQ
Can I list my Fremont ADU on Airbnb?
No. California Government Code 65852.2(a)(6) and FMC 18.190.005 require every ADU permit to carry a deed restriction prohibiting rentals shorter than 30 days. FMC Chapter 5.100 (Short-Term Rentals) does not authorize ADUs as STRs because they are not the host's primary residence.
Is my Fremont ADU subject to rent control?
Fremont has no local rent-control ordinance, so there is no city rent ceiling. California AB 1482 (Civil Code 1947.12) caps annual rent increases statewide at 5% plus CPI (maximum 10%) on units more than 15 years old. New ADUs are exempt from the cap until they reach 15 years from the initial Certificate of Occupancy.
San Leandro FAQ
Can I list my San Leandro ADU on Airbnb?
No. Section 2.04.388 prohibits rentals under 30 days for any ADU or JADU. Bookings must be for 30 nights or more.
Do AB 1482 rent caps apply to my ADU tenant?
Possibly. AB 1482 (Civ. Code §1947.12) caps annual rent increases at 5% + CPI (max 10%) for covered units. Single-family ADUs separately conveyable to a bona fide purchaser may be exempt; consult a housing attorney.
Is there a written rental term requirement?
Yes. The Zoning Code requires a rental term of 30 days or longer. The City has codified the state-authorized prohibition on short stays.
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