Investor · Ashland, OR · Member since 2018 · 202 posts · 38 votes
Let's say the property management company states a limit of "2 occupants per bedroom". There's a 2 bedroom apartment, and 2 adults + 2 small kids move in. Then the couple has another baby. Would they get evicted? What if they have twins?
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
7y
In my jurisdiction, any additional children that are born while the family is residing in the unit is an exception/"grandfathered" - if the unit is coded for 2 and the couple has a kid (or three!), they are still considered to be in compliance. If this hypothetical family of 3+ moves out, I can only accept a new tenancy of up to 2 people in that same unit.
Investor · Seattle, WA · Member since 2017 · 34 posts · 16 votes
7y
Yikes, that could be very dicey. I would be extremely careful that you are following all Fair Housing guidelines- the last thing you want is for them to sue you. HOWEVER, if your city/county has an occupancy limit, you may have some recourse, because it then becomes a safety issue. I would a) check with your locale regarding occupancy laws, and b) see if you can contact an FHA person- in my area, there is a "mediator" who works with both landlords and tenants to help establish what to do in these types of situations.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
7y
In my jurisdiction, any additional children that are born while the family is residing in the unit is an exception/"grandfathered" - if the unit is coded for 2 and the couple has a kid (or three!), they are still considered to be in compliance. If this hypothetical family of 3+ moves out, I can only accept a new tenancy of up to 2 people in that same unit.
If it is a local building code you do not evict you inform the tenant that the property is in violation of the building codes and you inform them they must relocate. They should cooperate provided you allow them sufficient time as opposed to be facing a eviction that would be attached to their records.
Specialist · Fort Collins, CO · Member since 2018 · 557 posts · 191 votes
7y
I believe that, as Wesley said in his post, the children would be "grandfathered in." To reiterate, make sure that you are following Fair Housing guidelines and check with a local representative. I would also take a look at your state and localities landlord-tenant and occupancy laws to make sure you are not breaking any local laws!