Fremont Rent Control Guide: Rent Review Program, Notices and Selling a Rental

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Fremont has no rent cap, but it reviews increases over 5% and covers single-family rentals

Fremont’s Rent Review Ordinance covers every residential rental, including houses. Here is how the review works, what a valid rent increase notice must say, and what it means if you plan to sell.

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Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team.

Fremont rent rules at a glance

Local law	Rent Review Ordinance, Fremont Municipal Code Chapter 9.60, effective January 1, 2018
Local rent cap	None. The city reviews increases over 5% in any 12 months; the review board’s decision is advisory
Covered rentals	All residential rental units, including single-family homes (not hotels, dormitories, mobile home space renters, junior ADUs or shared housing)
State rules	AB 1482 rent cap (5% plus CPI, or 10%) and just cause apply where the state law covers the unit
Landlord fee	$23 per unit for FY 2025/2026; owners of fewer than 5 rental units are exempt, per the city
City contact	Rent Review Program: rentreview@fremont.gov

Fremont reviews rent increases instead of capping them

Fremont does not set a local ceiling on rent. Its Rent Review Ordinance gives tenants and landlords a process for disputes over increases.

If a landlord proposes an increase of more than 5 percent in any 12-month period, the tenant or landlord can ask the city’s service provider for help within 15 calendar days of the date on the notice.

The process starts with consultation, which can turn into informal mediation, and can end in a hearing before the Rent Review Board, a five-person panel of landlord, tenant and neutral members.

The board looks at the history of increases, the effect on the household, the landlord’s costs, market rents for similar units, return on investment and the Bay Area consumer price index, and then issues findings. Its decision is advisory unless both sides agree to make it binding.

The ordinance applies to every residential rental in the city, single-family homes included. That surprises many owners who assume a rented house is outside local rules. It is not exempt from rent review, although it is not subject to a numeric cap either.

Notice rules every Fremont landlord must follow

A rent increase notice has to be written, show the name, address and phone number of the responsible party, and be delivered in person or by first-class mail.

It must follow Civil Code 827(b), which calls for 30 days’ notice for an increase of 10 percent or less and 90 days’ notice for a larger one. The city encourages 90 days’ notice for any increase so the review process has time to run.

An increase over 5 percent has to include a statement of the reason. In addition to the state-required notice, the landlord must give the tenant the city’s written notice that rent review exists, and the code says no increase is valid for any purpose without it.

Only one increase is allowed in any consecutive 12 months unless the parties sign a separate written agreement.

A notice that breaks these rules is void.

If a landlord fails to respond to the review provider within two business days, or does not take part in good faith, the notice is void, and a landlord who does not take part in good faith at the board hearing cannot serve a new increase notice for 90 days.

If the review runs past the notice period, the tenant deposits half of the increase with the landlord, who keeps it in the operating account until the process ends.

Retaliation and source of income

The ordinance bars retaliation against a tenant for using the review process. Adverse acts within 180 days are presumed retaliatory, a retaliatory increase is rolled back, and the landlord cannot notice a new increase for six months. The same chapter prohibits refusing to rent or setting different terms because of a tenant’s source of income, including Housing Choice Voucher (Section 8) assistance.

State law still applies in Fremont

Where a rental is covered by the state Tenant Protection Act, the 5 percent plus CPI cap and the just cause rules for ending a tenancy in Civil Code 1946.2 apply on top of the local process.

The city’s eviction FAQ points out that tenants who have lived in a unit for 12 months, or 24 months if another tenant was added, can generally be evicted only for the reasons the law lists.

Many single-family homes and condominiums owned by individuals are outside the state cap and just cause rules when the owner gave the tenant the written exemption notice the statute requires.

State law sets the floor everywhere. Under Civil Code 1947.12, a covered owner may not raise the rent more than 5 percent plus the local change in the cost of living, or 10 percent, whichever is lower, and that section remains in effect until January 1, 2030.

The statute exempts, among other things, housing issued a certificate of occupancy within the previous 15 years, housing already under a stricter local cap, and a single-family home or condominium that is not owned by a real estate investment trust, a corporation or an LLC with a corporate member, as long as the written exemption notice was given to the tenant.

How the rules play out for an owner selling a Fremont rental

A pending rent review does not stop a sale. It does mean a buyer will ask whether any increase is in dispute, whether the required notices were given and whether the city fee, if it applies to you, is current. If you own fewer than five rental units, the city lists you as exempt from the fee, but not from the notice and review rules.

Selling a rented Fremont house

Rent rules matter at the sale because a buyer steps into your landlord role the day escrow closes. The tenant’s lease, deposit and any protections under the rules above go with the property.

A cash buyer who plans to keep the tenant needs a clean rent history; a buyer who plans to occupy the house needs to know whether the law lets them end the tenancy and what it will cost.

Our statewide guide to selling a tenant-occupied home walks through the basics, and our sell a tenant-occupied house in Fremont page shows how a cash sale works when the house is rented.

If you own a rented Fremont house, duplex or small building, a cash sale can close as-is, with the tenant in place or on your timeline, without repairs or showings.

Documents to gather before you talk to a buyer

The signed lease or month-to-month agreement, plus any addenda and the date each tenant moved in.
A rent ledger showing the amount and date of every increase over the last few years.
Copies of every notice you served: rent increases, entry notices, cure or termination notices.
Proof of any registration, program notice or fee the Fremont rules call for.
The security deposit amount and where it is held.
Any open repair requests, permits or code complaints on the unit.

Common mistakes landlords make before a sale

The most expensive mistake is raising the rent or serving a termination notice right before listing without checking whether the increase is allowed or the notice states a valid reason.

A notice that does not follow the rules can be void, and it can give the tenant a defense that a buyer will price in. A second mistake is promising a buyer the house will be vacant when the tenant has protections that make that uncertain. A third is skipping required local paperwork or notices.

If the tenant is cooperating, many sellers simply sell with the tenant in place and let the buyer decide. If you want the house vacant, check what notice, reason and payment the rules require before you offer a buyout or serve anything. When the house also needs repairs or has unfinished permits, see our guide to selling as-is and the cost list in our seller closing costs guide.

How to sell a house in Fremont

Check whether any rent increase is in review and whether your notices followed Chapter 9.60.
Gather the lease, rent ledger and every notice you served.
Request a no-obligation cash offer for the property as-is.
Decide whether the buyer takes the tenant or you deliver the unit vacant under the rules.
Close on your timeline with no repairs or commissions.

More local pages: We Buy Houses in Fremont, Alameda County hub.

Own a rented Fremont house or small building? Get a cash offer and sell with or without the tenant.

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Frequently asked questions

Does Fremont have rent control?

Not a numeric cap. Fremont’s Rent Review Ordinance lets a tenant or landlord request review of any increase above 5 percent in 12 months, and the board’s decision is advisory. State law’s rent cap and just cause rules apply where they cover the unit.

Does Fremont rent review apply to single-family homes?

Yes. The city says the ordinance covers all residential rental units, including single-family homes. Hotels, dormitories, mobile home space renters, junior ADUs and shared housing are excluded.

How long does a tenant have to request rent review?

15 calendar days from the date on the rent increase notice, according to the city and Municipal Code section 9.60.050.

How much notice must a Fremont landlord give for a rent increase?

The notice must follow Civil Code 827(b): 30 days for an increase of 10 percent or less and 90 days for a larger one. The city encourages 90 days for any increase and requires a stated reason when the increase is over 5 percent.

Is there a Fremont rent review fee?

The city adopted a fee of $23 per unit for FY 2025/2026 and lists landlords with fewer than 5 rental units as exempt.

Does a rent review stop me from selling?

Nothing in the chapter bars a sale, but a buyer will want to know about any open review, the notices you served and whether the fee applies to you.

More guides

Sources

This guide is general information from public sources, not legal advice. Confirm current rules, fees and hours with the city.