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Fremont, CA Hotels & Lodging: Transient Occupancy Tax (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Tax rate
10 percent of rent
Transient defined as
stay of 30 days or less
Late payment penalty
10%/month, capped at 50%
Fraud penalty
additional 25 percent
Interest on unpaid tax
1 percent per month
Returns due
last day of following month
Enforcing office
director of finance

Summary

Fremont charges a 10 percent transient occupancy tax on hotel, motel and short-term rental stays of 30 consecutive days or less. Operators collect the tax with rent, register with the director of finance, and remit monthly under Fremont Municipal Code Chapter 3.10, Article III.

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. Commencing January 1, 2009, and continuing thereafter, the amount of tax shall be 10 percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the time the rent is paid.

Full Breakdown

280, each transient occupying a hotel room pays a tax that started at 8 percent and, "commencing January 1, 2009, and continuing thereafter," rose to 10 percent of the rent charged by the operator. 270 to include any structure or portion of one occupied by transients for dwelling, lodging or sleeping purposes, from inns and motels to rooming houses, apartment houses and mobile homes at a fixed location. A "transient" is anyone who occupies a room for 30 consecutive calendar days or less unless a written agreement sets a longer stay.

310 and post a transient occupancy registration certificate, which states the operator's name, the hotel's address and the issuance date. 300. 320), and all collected taxes are held in trust for the city until paid over. 290 for occupancies beyond the city's taxing power and for federal or state officers and employees on official business, but a claim must be made in writing under penalty of perjury at the time rent is collected. 350.

Violations & Fines

Late remittance draws a 10 percent per month penalty on the unpaid tax, capped at 50 percent of the amount due, plus 1 percent monthly interest under Section 3.10.330. If the director of finance finds nonpayment fraudulent, an additional 25 percent penalty applies. Operators who fail to register, fail to file returns, or file false or fraudulent returns violate Section 3.10.390, and the city can independently assess the tax owed under Section 3.10.340 if an operator refuses to report.

Frequently Asked Questions

What is Fremont's hotel occupancy tax rate?
Fremont Municipal Code Section 3.10.280 sets the transient occupancy tax at 10 percent of the rent charged by the operator, a rate effective since January 1, 2009 after starting at 8 percent under the original 1970s ordinance.
Does the tax apply to short-term rentals in Fremont?
Yes. Section 3.10.270 defines "hotel" to include any structure or portion occupied by transients for dwelling, lodging or sleeping purposes, and a "transient" as anyone occupying a room for 30 consecutive days or less, which covers short-term rental stays.
What happens if a Fremont hotel operator pays the tax late?
Section 3.10.330 imposes a penalty of 10 percent per month on the unpaid tax, capped at 50 percent, plus 1 percent monthly interest. A finding of fraud adds a further 25 percent penalty on top of those amounts.
Can a Fremont hotel operator appeal a tax assessment?
Yes. Section 3.10.350 lets an aggrieved operator appeal the director of finance's determination to a three-member board of review, and then appeal that board's decision to the Fremont city council for a final, conclusive ruling.

Sources & Official References

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