Do IL occupancy limits require me to end a MTM lease?

Question

Are there Illinois occupancy limits that would require me to cancel a month-to-month lease if the renter's family grows beyond those limits?

I have a single family home that has been rented by the same family for a little over 2 years. They signed a 1 yr lease that went month-to-month after that. The house is a 3 bed/1 bath with about 1000sf. The couple moved in with 5 kids - so a total of 7 people. The kids were all 8 and under and one of the older ones is there part time. They have since had a baby and I think they are pregnant again. They pay mostly on time and have not caused any serious damage. is there any reason that I can't continue leasing to them based on IL occupancy rules?

Kenneth Garrett · Answer

@Tony Vrolyk

The occupancy limits that are required by code are as follows:

The minimum size a bedroom can be is 70 square feet.  That allows one person.  When a bedroom is 100 square feet it allows 2.  In other words 50 square feet per person.  So a bedroom of 150 square feet would allow three persons.

There are scenarios where a living room or dining room could qualify as a sleeping area per the code, but it’s a little tricky.  If you had a living room of 200 square feet, the code requires a minimum size of a living room is 120 square feet.  In theory the remaining balance could qualify as a one bedroom.  There are no walls in this scenario.  It is just allowing an additional person.  Still needs to have a smoke detector, an egress window and carbon monoxide detector if you had gas appliances.

Good Luck.

Nathan Gesner · Answer

@Tony Vrolyk just to jump on the bandwagon, you should not only know your state laws but you should have policies in place to expound on them. For example, I have a policy in place that says no more than two persons per bedroom not counting infants under the age of 2. Technically, 5 people could live in a two-bedroom apartment as long as one of them is under the age of 2. Once that child reaches the age of 2 they exceed my occupancy limit and I would not renew you or extend their lease on that unit.

if you have a set, written policy in advance, it is much easier to enforce when the situation arises.

George Skidis · Answer

Occupancy inspections and limits are set by code enforcement. You should have been given a form stating the maximum allowable occupancy.

This will probably not be a discoverable problem until the youngest child and the future addition enter school. Until then no one will know.

Unless you tenant tries to add the additional children to the existing occupancy permit. It would probably be a good idea to call the code enforcement officers anonymously and ask a few questions. Phrased like "I own my own house. What if I adopt more children than allowed on the permit. Will you force me to sell it? What if I rent?

So first find out the rules. Second have a non confrontational meeting with your tenants and gently explain to them what you have learned.  Third what will the new rent will be due to the increased wear and tear caused by the increased family size? So yes raise the rent. Help them look for a new home more their size.

Tony Vrolyk · Answer

@George Skidis, the Occupancy permit must be something from your local city or county. I did some searching and don't see that my city or county has anything like that.

Kenneth Garrett · Answer

@Tony Vrolyk

Check to see if the city has a rental licensing program.  If so, they may have  different requirements.  I had given you the information straight out of the International Property Maintenance Code which regulates occupancy standards.

Do IL occupancy limits require me to end a MTM lease?

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