Trulia Miami, Home Buyer in Miami, FL

What is the rule for how many tenants can occupy a unit?

Asked by Trulia Miami, Miami, FL Tue Apr 9, 2013

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There is a very fine line between the federal Department of Housing and Urban Development (HUD) set standards and the Fair Housing Act laws to protected class, so the answer is, it depends.
1 vote Thank Flag Link Tue Apr 9, 2013
The United States Department of Housing and Urban Development (HUD) publishes a guideline that is somewhat useful for determining the number of individuals you should allow to live in a single rental unit. The guideline says that, typically, you should use the “2 plus 1 person per bedroom” rule. For example: If you have a one bedroom apartment, you should set the limit to three people. You’re probably asking yourself: How could all those people sleep in a one bedroom unit? Well, consider the couch/day bed/crib in the living room/den/office as an optional sleeping area.

Not sure if you are a landlord renting out a condo, however, Federal and State fair housing laws (and most communities) also state that you may not discriminate against families. Meaning: A landlord cannot refuse to rent to families—all children included—simply because the landlord does not want to rent to families with children. Be careful when setting occupancy limits to avoid the perception of discrimination against families. A house with very large bedrooms may be able to accommodate more people.

You might want to check with the HOA to see if there are any regulations in place.
1 vote Thank Flag Link Tue Apr 9, 2013
How many children can occupy a bedroom in a rental home? In Texas.
0 votes Thank Flag Link Wed Jul 16, 2014
Is there any rule in New York that controls the maximun number of tenants occupying a unit?
Thank you.
0 votes Thank Flag Link Mon Jan 27, 2014
Many replies, but just one "rule" applies: whatever limitation is provided in the rental agreement. Absent that, no rule applies - unless you are becoming a public health issue e.g. making it a commune-style living in a small house or home.
0 votes Thank Flag Link Thu Aug 29, 2013
In Fla it is 2 persons per bedroom to the best of my knowledge. Eg 3 bdrm home, max 6 occupants.
0 votes Thank Flag Link Wed Apr 10, 2013
Typically, the limit is 2 per bedroom, and condo regulations for rental usually stipulatethat limit.

In a single family home, the rules are not so stringent because there's no organization supervising the numbers of inhabitants in the dwelling.

While there may be an HOA that governs that single family home community in terms of what can be done to the outside of the house, there is nothing that is likely to limit occupant numbers because families come in all sizes.

Marc Jablon, The Jablon Team
RE/MAX Complete Solutions
0 votes Thank Flag Link Tue Apr 9, 2013
Fire Department Policies in a Condominium Unit. Department of Children and Family has a regulation in how many people occupy property depending ages, square feet and how many bedroom. Association also base their tenants occupy, depending on Bedroom of the Unit. The owner is very important to have a knowledge about city regulation in how many people occupy unit otherwise is against city regulation on Tenants occupy per unit.
0 votes Thank Flag Link Tue Apr 9, 2013
I can speak in reference to my particular market which is South Florida. There really is no specific rule to pre-determine the number of occupants in a unit. However, generally the practice is that its two persons per bedroom. There may also be condo rules / regulations in place which may govern occupancy. Overall this should be covered between the landlord and their real estate professional. However, both parties should take the utmost care to not infringe on a protected class such as families when putting listings on the open market.
0 votes Thank Flag Link Tue Apr 9, 2013
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