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Fremont, CA Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Overnight cap
2 guests per bedroom plus 2 additional
Bedroom definition
Closet, egress window, smoke alarm required
Daytime visitors
Typically capped at 2x overnight count
Posting
Max occupancy must be posted inside
Violation
Citation plus registration review

Summary

Fremont caps STR occupancy at two guests per bedroom plus two additional, consistent with Uniform Housing Code standards and city STR registration conditions.

Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be li

Source: Fremont Municipal CodeView official code

Full Breakdown

Fremont Municipal Code applies California Building Code and Uniform Housing Code occupancy standards to short-term rentals. The common rule is a maximum of two overnight guests per legal bedroom plus two additional occupants, not to exceed what fire egress and plumbing fixtures can support. A bedroom must have a closet, an emergency egress window of at least 5.7 square feet, a ceiling height of 7 feet minimum, and a smoke alarm. Daytime visitor counts for events are typically capped at no more than twice the overnight occupancy and are limited by the no-party rule. Operators must post the maximum occupancy inside the unit at registration. Exceeding occupancy can trigger citations and permit revocation under STR registration conditions.

Frequently Asked Questions

Does a den or loft count as a bedroom?
Only if it has a closet, proper egress window, and required smoke alarm. Convertible sofa areas do not increase the legal occupancy.
Are infants counted in occupancy?
Children under 2 are typically not counted toward the overnight cap, but confirm specifics in your STR registration conditions.

Sources & Official References

Other rules in Fremont

All Fremont rules

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