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How Many Occupants Are Legally Allowed In A 3 Bedroom Rent Home?

By
Real Estate Agent with RE/MAX Compass 0524642

Imagine being the owner of a 3 bedroom lease home or having an agent represent you for a lease listing. What is your initial thinking about an applicant who has 3 kids, a spouse and and aunt that want's to move in? That's 6 people total. The kids aren't infants, and all credentials are perfect. Are you legally allowed to "house" this many people in your home? Does it conform to your state laws, specifically the property code? Can you deny the lease because you don't like the idea of that many bodies in your home? And wait... is there even a state law that governs occupancy or is that a county law thingy? Oh brother.

 

What if 6 adults want to live in the same property? Say, couples?

 

Should you ask a woman who appears to be 9 months pregnant if she's pregnant? Imagine if she wasn't pregnant and you denied the lease based on "how many kids" would be in the house. Most of all lawsuits in the real estate industry hover around deceptive trade practices and LEASES.

 

This is why it is so critical that you know exactly what you're doing or you hire someone that does.

 

The standard lease agreement in Texas has verbiage that limits the number of vehicles the tenants can park at the property. Obviously you would never allow six cars at a home that only has a 2 car garage, even if you could fit 2 in the drive-way because that would leave two on the street... and this is almost always going to be a violation of the deed restrictions in almost all standard neighborhoods with an HOA. Most of my leases limit the number of vehicles to just 3. That would allow 2 in the garage and one in the driveway - max. Or however the tenants wanted to merry-go-round their cars. I suppose one might be driving a motorcycle or moped.



Saying 'yeah, sure... move-in & collecting rent' is the easy part.

Posted by
Greg Nino
Realtor
RE/MAX Compass 
Direct & Text 7 days a wk: 832-298-8555 
 
 
Realtor since 2004
Mediator & Arbitrator for the TX Assoc. of Realtors
Member of the Professional Standards Committee for the TX Assoc. of Realtors
Arbitrator for the Comptroller's office for the State of TX for Arbitration of Property Tax Values

 Member of the RE/MAX Hall of Fame & Platinum Club

 

The information contained in this blog is believed to be reliable and while every effort is made to assure that the information is as accurate as possible, the author of this blog, and its comments disclaim any implied warranty or representation about it's accuracy, completeness or appropriateness for any particular purpose. All information is copywritten and the property of Greg Nino.  

Comments (16)

Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Greg, In my state there is a law of the Books that says no more than 4 unrelated people can be in a rental property...no law on blood relatives though (I think this was adopted as a Campus housing rule).

Feb 14, 2012 06:27 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Greg, I remember growning up in a tiny house (under 900 square feet)  with three bedrooms and one bath.  And there were my parents and six children. Lucky they owned the place!  I sure wouldn't have wanted to be our landlord!

Feb 14, 2012 06:36 AM
Tom Branch
RE/MAX Dallas Suburbs - Plano, TX
Broker, CDPE, SFR, ACRE, Plano TX Ambassador

Greg,

Interesting question. I don't know of anything in the Texas Property Code but local zoning laws may impose limits on the number who could occupy a house.

In Texas property management makes up most of the complaints filed with TAR...

Suggested.

Tom

Feb 14, 2012 06:38 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

Can't wait to read all the responses.                                                            

Feb 14, 2012 06:38 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Greg,

Here in Maryland, we do have zoning restrictions that limit the number of "unrelated" people living in the same house. In any case though, the owner should be making the decision because of the wear and tear on their house.

Rich

Feb 14, 2012 06:40 AM
Bryan Robertson
Los Altos, CA

Around here the limit is 2 people per bedroom and the number of cars varies based on designated parking stalls or spaces. 

Feb 14, 2012 06:56 AM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

From my understanding it's 3 adults per bedroom. However, the Landlord can "consistently" put a limit on number of occupants so long as they do so without violating Fair Housing Laws.

Feb 14, 2012 06:58 AM
Brenda Mullen
RE/MAX Associates - San Antonio, TX
Your San Antonio TX Real Estate Agent!!

This is a great discussion and good to know, especially if one plans on getting into property management.  Since property management draws most of the complaints and lawsuits, it's imperative one has their ducks in a row.  Suggested!

Feb 14, 2012 07:02 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Greg -- my guess is that any limitation to numbers living in a residence are going to be local (city or county) or devolve back to the HOA standards.  The question arises, how do you find out how many people are going to be living in a rental?  And then how do you find out if they are related or not (as that might have bearing based on laws) without violating some of the equal housing regulations?

Feb 14, 2012 07:50 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Steve's comment is the "Chinese restaurant" rule and it is a ZONING issue.  We have it in the CITY where there is a university and students would stack-themselves like cordwood if they could.  No more than 4 UNrelated makes this point.

In our area, parking is the issue, so I am asking the # of cars because there is no on-street overnight parking

Feb 14, 2012 10:45 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Oklahoma does not have an occupancy standard law but many leases limit it to two people per bedroom.  

Feb 14, 2012 11:04 AM
Mark Delgado
houses for rent, Solano County & Glen Cove - Benicia, CA
Benicia and Vallejo, Property Management, rental h

California laws have limits based upon the number of bedrooms in the home, regardless of the relationships of the occupants. But, the larger point in Greg's post is excellent- there's a lot to property management. It's really not for the faint of heart. Greg, thank you for the nod. 

Feb 14, 2012 03:10 PM
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

Good post, every area is different I suppose.  Two people per bedroom has always been my rule as I dont like lots of wear and tear on my rent houses.

Feb 15, 2012 02:52 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Greg, 

 

In Fulton County we have the same law, no more than 4 (four) unrelated persons sharing a property.  It helps keep it sane, although since we do mostly luxury properties this really isn't an issue.

All the best, Michelle

Feb 15, 2012 12:50 PM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Greg ... great question and wonderful post! At the moment VB lives with 5 family members and another 4 are coming in one month, wish me LUCK!

Your post has been featured at one of my favorite groups at AR ...

EXPRESS WITH WORDS AT ACTIVERAIN

 

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Feb 16, 2012 04:24 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

here is what law states( 1996 ):

Occupancy rule:

Federal= 2 adults per Bedroom

California= 2 adults per bedroom + 1 adult

But

No limit on the number of children.

 

 

Jun 07, 2012 06:32 PM