Rental Occupancy Limits, Shared Housing & Guest Policies in 2025

Rental occupancy limits play a vital role in maintaining safe, healthy, and compliant housing environments. These limits define how many people can legally reside in an apartment or house and help balance tenant comfort, property maintenance, and local housing regulations.

In 2025, both landlords and tenants must understand these limits, not just to avoid overcrowding, but also to ensure fair and lawful living conditions. From the number of people allowed in a 2-bedroom apartment to statewide rules in California, Florida, and Minnesota, this guide explores the laws, standards, and best practices shaping rental occupancy in the U.S.

What Are Rental Occupancy Limits?

Rental occupancy limits define the maximum number of people legally allowed to reside in a specific rental unit, whether it's a single-family home, a duplex, or a multi-unit apartment building.

Most local housing authorities base these decisions on minimum square footage per person, typically requiring at least 70–100 square feet of bedroom space per occupant.

These limits are designed to prevent overcrowding and exceeding occupancy limits, which can lead to:

• Health and Safety Risks: Overburdened plumbing, electrical systems, and insufficient ventilation.
• Property Damage: Accelerated wear and tear on flooring, appliances, and common areas.
• Quality of Life Issues: Increased noise, excessive use of utilities, and parking disputes for other tenants.
• Zoning Violations: Breaching local codes intended to manage population density.

A common question for potential renters is: how many people can live in an apartment? The answer is rarely a simple one, as the limit is a blend of federal guidelines, specific state statutes, and local codes. 

For instance, the number of people allowed in a 1 bedroom apartment will be significantly different from the limit on a four-bedroom house.

Legal Framework of Rental Occupancy Limits in the US

Rental occupancy rules in the U.S. are shaped by a combination of federal regulations and state or local ordinances. Understanding both levels of authority is essential for compliance.

1. Federal Standards (HUD & Fair Housing Act)

The U.S. The Department of Housing and Urban Development (HUD) provides guidance under the Fair Housing Act (FHA) to prevent discrimination based on familial status. This means a landlord cannot have a policy that unfairly limits the ability of families with children to rent.

The HUD addressed occupancy limits in a 1991 document known as the "Keating Memo." This memo is the source of the widely-used, but often misunderstood, "two-per-bedroom" guideline.

Therefore, a general starting point is:

• Occupancy limit for studio apartment: Two occupants.
• How many occupants in a 1 bedroom apartment: Two occupants.
• How many occupants in a 2 bedroom apartment: Four occupants.

However, HUD clarifies that this is not an absolute rule. Landlords must consider:

• Size and configuration of bedrooms and living areas
• The age of the children (infants typically do not count).
• The overall configuration and infrastructure of the unit (septic capacity, hot water heater size, etc.).
• Local safety or building codes

Thus, a max occupancy of a 2-bedroom apartment may reasonably range from 4 to 5 individuals, depending on the circumstances. For more on landlord obligations, see what a landlord cannot do.

2. State & Local Laws

State and local jurisdictions often establish the most concrete and enforceable limits, usually in the form of building, housing, or health codes. These codes frequently base their limits on minimum square footage per person living space.

• California Occupancy Limits: California typically follows the two-per-bedroom plus one formula, meaning a 2-bedroom apartment can legally house up to 5 people. See just cause eviction in California for related state rental laws.
• Florida State Occupancy Laws: Florida’s laws defer mostly to local housing codes, which base limits on square footage. Generally, a minimum of 150 square feet is required for the first occupant and 100 square feet for each additional person. However, other local and state codes have different requirements for the minimum size of a sleeping room or for specific types of facilities. 
• Minnesota Occupancy Limits in Minnesota: Minnesota statutes follow the general guidance from the U.S. Department of Housing and Urban Development (HUD). However, Minnesota statutes and rules allow local cities to adopt and enforce their own specific, and sometimes stricter, occupancy limits based on factors like square footage and fire safety codes. 

Pro Tip for Landlords: Always consult the most restrictive rule (Federal, State, or Local) when setting your final written occupancy standard to ensure maximum legal compliance.

How Many People Can Live in an Apartment or House?

So how many people can legally live in a house? The answer depends on both unit size and local law.

While it might seem logical that 8 people can live in a 4-bedroom apartment, the space must still meet local minimum space requirements and safety codes.

In short, never rely on the "two-per-bedroom" rule alone. Verify the most restrictive local fire and building code standards for minimum square footage per person living space.

Landlord’s Responsibilities and Limits in Rental Occupancy

Landlords have a right, and a responsibility, to set and enforce clear rental occupancy limits. Doing so protects the property and prevents fair housing complaints.

Landlord’s Responsibilities

Landlords must ensure their occupancy policy is reasonable, non-discriminatory, and legally sound.

1. Establish a reasonable policy

Landlords should draft clear, fair occupancy rules consistent with federal and local standards. This written policy must be included in the lease agreement to ensure both clarity and legal protection.

For example, a landlord might include a simple clause like: “This two-bedroom unit is suitable for up to four occupants. Any additional person staying for more than 14 consecutive days must have prior written approval from the landlord”.

A clear, documented policy ensures compliance with fair housing regulations and promotes a balanced tenant mix. To better manage occupancy and reduce vacant periods, landlords can review this guide on how to determine vacancy rate.

For further guidance, reference multiple tenants on a lease for tips on managing shared tenancies.

2. Comply with fair housing laws

Policies must not discriminate against families with children or people with disabilities. The FHA protects tenants from unreasonable occupancy limits intended to exclude these groups.

Landlords must apply the policy consistently to everyone, regardless of their family structure or relationship status. 

3. Adhere to health and safety codes

Occupancy limits are fundamentally safety rules. They ensure that in an emergency, the building can be evacuated safely and that vital systems (like fire exits and plumbing) are not overloaded.

4. Ensure habitability

How many tenants are allowed in one house is directly linked to habitability. Too many occupants can quickly lead to conditions that violate a landlord’s duty to provide a livable, sanitary, and safe home.

5. Consider reasonable accommodations

If a tenant requests an exception as a reasonable accommodation under the FHA or ADA (e.g., a live-in aide for a disabled person), a landlord must consider the request on a case-by-case basis. The focus must remain on the physical capacity of the unit, not just the number of bedrooms.

Landlord’s Limits

While landlords can and should limit occupancy, there are strict restrictions on how those limits can be enforced.

1. No discriminatory policies

A landlord cannot implement a policy that limits the number of children but not the number of adults. The limit must apply to the total number of people. Furthermore, a landlord cannot limit the number of occupants in a rental based on age or gender (beyond local fire/safety codes). 

For example, a landlord cannot require a boy and a girl of a certain age to have separate bedrooms. That decision is up to the family.

2. Restrictions on guests

Can a landlord restrict guests? Yes, but within strict limits. A landlord can set a limit on how long a guest can stay before they are considered an unauthorized occupant. 

Most leases set this limit between 7 and 14 consecutive days or a maximum number of days per year.

For example, a landlord in Minnesota can restrict a guest to 10 consecutive days. If the guest exceeds this, the landlord is within their rights to enforce the lease violation, provided the restriction is written into the lease.

3. Eviction process

If occupancy violations persist, landlords must follow proper legal eviction procedures, as outlined in how many lease violations before eviction. This includes proper written notice (such as a Notice to Cure or Quit) before initiating a formal eviction.

4. Balance with local ordinances

In some areas, local laws may allow for more people than the two-per-bedroom guideline. A landlord who sets a stricter limit than what is legally required by state and local law may face a discrimination complaint if they cannot justify the stricter limit with clear, objective physical reasons (e.g., an outdated septic system).

Tenant Rights and Considerations in Rental Occupancy

Tenants have strong legal protections when it comes to the size of their household, largely due to the Fair Housing Act's protection of familial status.

Tenant Rights Under Fair Housing Laws

1. Protection for families

The FHA prevents landlords from imposing overly strict occupancy rules for rental housing that would unfairly exclude families with children. Landlords cannot impose a "no children" or "family size too large" policy unless the unit's physical limitations genuinely prevent it.

2. No "two-per-bedroom" rule is absolute

Tenants should know that the federal "two-per-bedroom" rule is a guideline, not a maximum law. 

For example, if a family of five is applying for a two-bedroom apartment and the unit is large (e.g., 1,500 sq. ft.) with generously sized bedrooms, they have a strong case against a landlord who denies them solely on the basis of a rigid four-person limit.

Tenants should ask to see the square footage and local code minimums.

3. Case-by-case evaluation

Fair housing law requires a landlord to evaluate occupancy on a case-by-case basis. If a family of four can reasonably and safely occupy a 1 bedroom apartment due to the size of the unit and the ages of the children (e.g., two small children), the landlord must be able to provide a clear, non-discriminatory reason for denial based on safety codes.

4. Challenge unreasonable rules

Tenants have the right to challenge an occupancy limit they believe is overly restrictive or discriminatory. This is typically done by filing a complaint with HUD or a state/local fair housing agency.

Considerations for Tenants

Knowledge is the tenant's best tool when navigating occupancy issues.

1. Read your lease carefully

Always check the "Occupancy" or "Guests" clause in your lease. This is where your landlord will state the maximum number of people allowed and the specific rules for long-term visitors.  

2. Understand local laws

Research your city's local housing codes. Knowing your local government’s minimum square footage requirement can help you determine if the landlord’s limit is genuinely based on safety or if it is an arbitrary, overly-strict rule.

3. Communicate with your landlord

If tenants anticipate an increase in occupants (e.g., a new baby, a long-term visit from a family member), communicate proactively with your landlord. Many conflicts over is there a limit to the number of people that can live in an apartment are resolved with open communication.

4. Know your options for recourse

If tenants believe they have been denied housing or face eviction due to a discriminatory occupancy limit, tenants have the right to seek help from a Fair housing non-profit or legal aid.

5. Beware of retaliation

If tenants successfully challenge an overly-restrictive policy, the landlord is prohibited from retaliating against you by raising the rent or issuing a no-cause eviction.

Common Issues & How to Resolve in Rental Occupancy

Occupancy issues are one of the most common sources of conflict between landlords and tenants. Here is how to approach the most frequent issues.

1. Overcrowding and Exceeding Occupancy Limits

A landlord discovers that the number of residents exceeds the maximum limit specified in the lease and/or local code (e.g., 5 people living in an apartment with a 4-person limit).

Resolution:

• Landlord: Issue a formal written notice of the lease violation. The notice should clearly state which clause was violated and give the tenant a set eviction period (per state law) to remedy the breach (e.g., two people must move out). If the tenant fails to remedy, the next step is to initiate the eviction process.
• Tenant: Immediately reduce the number of occupants to comply with the lease. 

2. Unauthorized Occupants  

A "guest" stays well beyond the period defined in the lease (e.g., 30 days) and refuses to leave, effectively becoming an unauthorized occupant (squatter). They are not on the lease, but they live there full-time.

Resolution:

• Landlord: The landlord must immediately serve the named tenants with a lease violation notice. Attempting to lock out or use "self-help" eviction against the unauthorized occupant is illegal. In many states, you will still need to follow a formal eviction process.

Read more can you evict a tenant without a lease and the risks involved for verification procedures.

3. Discrimination Based on Familial Status

A family is denied a rental unit solely because of the number or ages of their children, even though the unit's physical size meets all local square footage and safety codes for their family size.

Resolution:

• Tenant: File a fair housing complaint with HUD or the local fair housing enforcement agency. Collect evidence, such as the landlord's written. 
• Landlord: To defend against a complaint, you must show that your occupancy limit is based on a legitimate, non-discriminatory governmental interest and not simply a rigid adherence to the two-per-bedroom guideline.

4. Roommate Disputes Over Occupancy

When multiple tenants share a lease, conflicts over added roommates or space can arise.

Resolution:

• Landlord: The lease requires the explicit permission of the landlord to add a tenant. All parties on the lease must sign an addendum, and the new occupant must pass the standard tenant screening (credit check, background check, etc.). 

Conclusion

Rental occupancy limits are more than numbers, they’re about ensuring fairness, safety, and compliance for all residents. Both landlords and tenants should familiarize themselves with local and federal standards, communicate openly, and document all policies clearly in the lease.

For landlords, adopting transparent, non-discriminatory rules helps protect property value and avoid costly legal disputes. Tenants, on the other hand, gain peace of mind knowing their living situation meets all legal and safety requirements.

To simplify compliance, use LeaseRunner’s tenant background screening, credit check, and income verification tools to ensure qualified occupants and stable tenancies.

FAQs

Q1: What Happens if a Tenant Violates the Occupancy Limit?

Violation of a clearly stated, legally compliant rental occupancy limit in the lease is a material breach of the contract. The landlord must issue the tenant a formal written notice giving them a set time to remedy the violation by reducing the number of residents. 

Q2: Can a Landlord Restrict Guests (Minnesota or any State)?

Yes. While a landlord cannot generally restrict short-term social guests, they can and should include a clause in the lease. A common and reasonable limit is restricting any guest from staying for more than 7 to 14 consecutive nights or for more than 30 total nights in a 12-month period.  

Q3: Is There a Limit to the Number of People That Can Live in an Apartment?

Yes, most areas adopt the two-per-bedroom guideline, but factors like room size, layout, and local laws can modify this standard.