Number of tenants per bedroom??

Question

Hey BP!

Our local tenant laws say no more than 2 persons per bedroom, except for children born during tenancy.  We will be renting a smallish (600 sq. ft.) 2 bedroom apartment in the next few weeks.  I'd be curious to hear from other landlords what their comfort level would be with a single parent and 3 kids with another on the way.  My partner and I have our thoughts as we both have kids, but would love other opinions.  Thanks.

Deanna McCormick · Answer

With your size building,,@ 6 units, I believe if it were me I'd post  Sept 1, to take affect on 10/1 the new rental criteria, / with occupancy,, that way incoming would be set to that number and existing would know they can't add anyone to their leases to be over occupancy going forward, and renewals would know if they are over occupancy you will not be renewing per the new criteria.

If it were a much larger complex it would be much more difficult to implement a new occupancy limit for units that may have had 4 people.

Bob Woelfel · Answer

Thanks for the info @Deanna McCormick.  It's only a 6 unit building and all the units are the exact same.  Most of the tenants know each other and talk.  I think given the market it's in and the size we'd like to set a cap at 3 people per unit.  The current tenant we have in this situation has let me know that she wants to stay another 5 or 6 months.  Ideally, I'd like to be able to change the rules moving forward right now since we have a vacant unit that we are renovating, but I don't want to remove an otherwise good and paying tenant to do so before they are ready to leave.

I had wondered about what @Johann Jells had mentioned, but I wasn't able to find anything in our Landlord/Tenant laws to either confirm or deny it.

Johann Jells · Answer

I'd be surprised if there weren't a "grandfather clause" allowing you to change your occupancy rules without evicting the existing tenant. In many places existing tenants have a different set of rights.

Deanna McCormick · Answer

You can set occupancy limit's and a person is an occupant no matter what age.

Your occupancy limit per size apartment must be consistent and not exceed city code standards.

I like quite buildings my units are desirable enough that a single occupant can still afford a 1 br. and I limit my 2br units to 2 people..

How many units in the building,, potentially your going to have to make some firm policies and now is time to start..

In my opinion,, you'd have to give anyone in the building notice that has the same number of people in the same size apartment notice, and not renew if they are over occupancy.once you start that policy.. so you can post so people know that as of 9/1/2017 policy begins, and all will need to comply with the stated occupancy guidelines for lease renewal option.

So simply,inherited tenant would need to leave or kick some of her kids out,,,

Fair Housing Act is implied

Bob Woelfel · Answer

We just purchased this building a few months ago.  We inherited a tenant who is month to month, but actually has 4 people in their unit as well (Mom and 3 Junior High/High School age kids).  She is friends with the potential tenant that called me that also has the 3 kids I referenced.  So my question is, if we implement a policy of let's say no more than 3 total people per unit because of the size, will I have to ask my inherited tenant to leave since she is month to month?

Deanna McCormick · Answer

You can set the occupancy limits in your own rentals as long as they don't EXCEED the state law..

For this size apartment,, 4 people in a 600 sq ft apt,, would be like packed like sardines..

I always set my occupancy well below the standard.. my 1 bedrooms were limited to single person occupancy..2br's 2 people,, studio's 1 person.. and no pets..and no smoking..

Less wear and tear, less noise,, not as many cars, not as much general traffic in and out of buildings.

If you choose to do this keep it across the board,, no exceptions,, Fair housing applies,, you need to be consistent. Set your rental criteria, occupancy limits, income, credit, and stick to it.

Anthony Hurlburt · Answer

I believe the HUD guidelines are two per bedroom plus one, so for your apartment it would be a total of five allowed to live in it.