Searching for a new home but aren’t sure of the occupancy limitations for a two-bedroom apartment? Whether you’re moving in with friends, family or new roommates, it’s important to consider the occupancy limits of a new space.
Learn the general “rule of thumb” for 2-bedroom apartment occupancies and what factors may be considered when determining them.
The Fair Housing Act, enacted by HUD, regulates how many people can live in a rental unit. This law permits two tenants per bedroom — or four people total — unless a lower or higher number can be justified. It can be difficult for a property owner to justify having fewer or more occupants, but it is possible as long as the limitation is within local jurisdiction.
From local housing laws to the unit’s square footage, landlords consider several other factors before setting an occupancy limit. Read on to learn more.
When property owners evaluate occupancy limits, they must consider local housing laws. States, cities and counties can set their own regulations, but they must typically meet the FHA’s minimum standards. The most common regulation among states is two people per bedroom, plus one. This permit allows up to five occupants in a 2-bedroom apartment.
The Fair Housing Act helps maintain occupant and rental property safety, another factor landlords must consider. An apartment with too many tenants can increase the risk of accidents and fire hazards. To ensure that residents live safely in a unit and minimize any additional wear and tear on the property, a landlord must determine a reasonable occupancy limit.
When determining occupancy limits for 2-bedroom apartments, the ages of any tenants living in the rental unit are also considered. For instance, senior living communities with residents aged 55 and above aren’t required to allow children as occupants. Because of this, their occupancy limits may vary.
Alternatively, the Fair Housing Act prohibits discrimination based on familial status. Therefore, landlords outside of these facilities aren’t allowed to deny an application, charge more rent or force occupants with young children — within a certain age group — to find new accommodations.
When determining how many occupants in a 2-bedroom apartment should be allowed, landlords also consider the property’s floor plan and square footage. A small apartment with 2 bedrooms can leave residents feeling cramped and uncomfortable. Whereas a rental property with extra rooms (that can be considered legal bedrooms), such as an office, den or guest room, could accommodate more occupants and provide more living space.
Sometimes, the limiting factor is the property itself. Building systems such as septic or sewer capacity may affect how many people a home can reasonably accommodate. These considerations may not be obvious when you’re touring a new property, which is another reason to check the space’s occupancy policy before making plans for an additional roommate.
Do you and your roommate(s) need furniture for your shared space? Why not rent your furnishings and split the cost! That way, at the end of your apartment lease, you can schedule a furniture pick-up; no arranging furniture buy-outs or arguments over who gets what.
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There isn’t one set price for a two-bedroom move. Location, distance, the amount of furniture you’re moving, whether there are stairs or elevators and optional services such as packing can all affect the final bill. To help save on costs, get several written estimates from reputable moving companies before making a decision, and make sure you understand which services and fees are included before booking.
Four people is a common occupancy limit for two-bedroom apartments. HUD generally considers a two-person-per-bedroom policy reasonable under the Fair Housing Act.
However, this isn’t a universal federal rule. The apartment’s size and layout, applicable state and local requirements, physical property limitations and other circumstances may affect how many people are allowed to live in the space.
In some cases, yes. While four people is a common guideline for a two-bedroom apartment, the number of bedrooms isn’t the only factor determining occupancy. The size and layout of the apartment, the ages of children in the household, property limitations and state or local requirements may all play a role.
It depends on the occupancy policy and the rules where you live. The ages of children can be considered when determining a reasonable occupancy limit, so a household with an infant may be treated differently from one with an older child or teenager. If you’re welcoming a new baby or apartment hunting with an infant, check your lease and ask your landlord or property manager how the occupancy policy applies to your household.
Yes, a landlord can limit how many people live in a two-bedroom apartment. The Fair Housing Act does not prevent reasonable occupancy restrictions, and state or local governments may establish maximum occupancy requirements. However, a housing provider’s policy cannot be used as a pretext for discriminating against families with children or otherwise violating fair housing protections.
Start with your lease or ask your landlord or property manager for the property’s occupancy policy. You can also check with your city or county housing, building or code-enforcement department for local requirements. Because occupancy standards vary, don’t rely solely on a general online formula when deciding whether another person can move in.