firecode, joint-custody confusion.

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I had an applicant who has 1 child. I rented him a 1 bedroom apartment only to find that he has joint-custody of 3 other children on the weekends. 5 people in a one bedroom apartment are (as I understand the fire code) over capacity but it is just on the weekends. What do you do when you have a renter who does not disclose joint custody dependence? Are temporary but regular residence treated the same as a full-time resident in the eyes of the law? 

Originally posted by @Nicholas Miller :

I had an applicant who has 1 child. I rented him a 1 bedroom apartment only to find that he has joint-custody of 3 other children on the weekends. 5 people in a one bedroom apartment are (as I understand the fire code) over capacity but it is just on the weekends. What do you do when you have a renter who does not disclose joint custody dependence? Are temporary but regular residence treated the same as a full-time resident in the eyes of the law? 

I suspect you are exceeding the occupancy by-law for the municipality as well (which may be the same, or less than the limit set by the fire marshall).   Here it would not matter if the extra occupants were staying periodically (the joint custody) or only once for a visit, you would be exceeding occupancy limits - though you are unlikely to find out about the latter unless a neighbour complains.   

If you knowingly allow the occupancy limits to be exceeded, it may also impact your insurance coverage if there is an incident.

Do you have a larger (2-3 bedroom) apartment available?  Would your tenant be able to afford a larger unit?