Rental Basics in 94539>Question Details

Lisa, Home Buyer in Fremont, CA

is it legal to rent the in-law unit out in Fremont?

Asked by Lisa, Fremont, CA Sun Jan 5, 2014

I heard if the owner live in the property, the owner can rent the in-law unit out, is that true in Fremont? Thanks!

Help the community by answering this question:


The following document has more info.

This is what the document says about occupancy.
It doesn't clearly say that you can rent it out but sounds like it.
You should check with the fremont planning department.

(4) Occupancy: A secondary dwelling unit may be occupied as a separate single-family
dwelling only if the legal owner of the lot occupies one of the dwellings located on the
lot; otherwise, the secondary dwelling unit and the dwelling to which it is accessory
shall. be occupied as if they were one single-family dwelling. Nothing in this section
prohibits the secondary dwelling unit or principal dwelling on the lot from remaining
vacant. The city manager shall require recordation of a deed restriction setting forth
this occupancy requirement before issuing a building permit.
0 votes Thank Flag Link Mon Nov 23, 2015
You can rent to me I won't tell :) Chris 510-3967425.
Can't blame a guy for trying
0 votes Thank Flag Link Tue Jan 14, 2014
Thanks, I have tried to call but no one replied. I will update the information when I got the answer
0 votes Thank Flag Link Tue Jan 7, 2014
Hi Lisa,
In my experience it's always been better to actually visit the Planning Department with your questions in hand.
Flag Tue Jan 7, 2014
To avoid any misunderstanding you're best advised to contact the city of Fremont planning and Development division.
0 votes Thank Flag Link Mon Jan 6, 2014
Hi Lisa,

I have not heard of such a restriction; however, I would contact the City of Fremont Planning Division at (510) 494-4440; and/or, here's their address:
39550 Liberty St., Fremont, CA 94538

If you are suffering from insomnia you can also search Fremont's Municipal Code as well:

Please come back and post what the City tells you ....

0 votes Thank Flag Link Mon Jan 6, 2014
As far as I know, the 'in-law' unit can only be legally used by in-laws or family. Not to be rented out for income. As you likely live in a 'single family' home neighborhood. Any rental for income would be an apartment and most likely not legal.

Contact the city for additional information.

0 votes Thank Flag Link Mon Jan 6, 2014
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