Fremont, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Governing section
- FMC § 5.100.040(a)
- ADUs/JADUs allowed
- No, expressly excluded
- Rentals per host
- One citywide, max
- Proof required
- Two documents showing primary residence
Summary
Fremont only allows short-term rentals in a host's primary dwelling unit. Accessory dwelling units, granny flats, guest houses, and RVs cannot be rented short-term, and each host may run only one short-term rental citywide.
(a) Permitted in Primary Dwelling Units Only. Short-term rentals are permitted in primary dwelling units only. Short-term rentals are not permitted within accessory structures and buildings, accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), guest house accessory buildings, recreational vehicles, or dwelling units constructed under the provisions of Cal. Gov't Code §§ 65852.21 and 66411.7 as may be amended.
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
040(a) confines short-term rentals to primary dwelling units and expressly excludes accessory structures and buildings, accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), guest house accessory buildings, recreational vehicles, and units built under Cal. 7. Subsection (b) caps each dwelling unit at one short-term rental operating at a time, and subsection (c) caps each host at one short-term rental anywhere in the city. 020(h) defines 'primary residence' as the usual place of return documented by at least two of: vehicle registration, driver's license, California ID, voter registration, income tax return, property tax bill, or a utility bill, with a host allowed only one primary residence at a time.
155, and subsection (f) lets an HOA's CC&Rs prohibit them outright, in which case a written approval letter from the HOA is required before a permit issues.
Violations & Fines
Renting out a non-primary dwelling, an ADU, JADU, guest house, or RV as a short-term rental violates Section 5.100.040 and is treated as a public nuisance under Section 5.100.100(a), exposing the operator to city attorney abatement action plus infraction fines of $1,500 to $5,000 depending on the number of violations within a year.
Frequently Asked Questions
Can I rent out my Fremont ADU as a short-term rental?
How many short-term rentals can one host operate in Fremont?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California short-term rentals overview
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Primary-Residence-Only Rule in Nearby Cities
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