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Fremont, CA Short-Term Rentals: Night Caps (2026)

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

Key Facts

Governing section
FMC § 5.100.040(d)
Annual night limit
None: unlimited days allowed
Ordinance source
Ord. 01-2024, eff. 1-9-24
Still required
Short-term rental permit

Summary

Fremont sets no cap on the number of nights a permitted short-term rental can operate each year. Section 5.100.040(d) allows unlimited rental days, unlike cities that impose 90-day or 180-day annual limits on non-owner-occupied rentals.

(d) No Annual Limit. A short-term rental is allowed for an unlimited number of days during the calendar year.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).

Full Breakdown

Fremont Municipal Code Section 5.100.040(d), titled 'No Annual Limit,' states plainly that a short-term rental is allowed for an unlimited number of days during the calendar year. That freedom is paired with the primary-residence and single-host limits in the same section: a host can run only one short-term rental in the whole city and it must be their primary dwelling unit, so the lack of a night cap does not open the door to whole-home investment rentals. The unlimited-days rule sits inside Chapter 5.100, adopted by Ordinance 01-2024 effective January 9, 2024, which otherwise closely regulates occupancy (two transients per bedroom), parking, signage, and advertising content. A permit remains required under Section 5.100.030 regardless of how many nights per year the unit is rented, and the city can still revoke or suspend a permit under Section 5.100.080 for chapter violations even where no maximum-day limit was exceeded.

Violations & Fines

Because there is no numeric night cap, there is no violation tied to exceeding a day count. Violations instead attach to operating without a valid permit or breaching other Section 5.100.040/.050 standards, which the city treats as a public nuisance under Section 5.100.100 with infraction fines from $1,500 up to $5,000 for repeat offenses within a year.

Frequently Asked Questions

Does Fremont limit how many nights per year I can rent my home short-term?
No. FMC Section 5.100.040(d) is titled 'No Annual Limit' and states a short-term rental is allowed for an unlimited number of days during the calendar year, so long as the host holds a valid permit and follows the chapter's other rules.
Can I rent nightly year-round if my Fremont STR is my primary residence?
Yes, provided you hold a permit under Section 5.100.030 and comply with occupancy, parking, and advertising rules in Section 5.100.050; Section 5.100.040(d) removes any cap on the number of rental nights per year.

Sources & Official References

Other rules in Fremont

All Fremont rules

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