How Many Is “Too Many” People In One Rental House?

On average, a Florida rental property will have an occupancy limit, even if it is not communicated to a potential renter at first – many landlords simply assume that a tenant will not breach it, and thus it is not worth bringing up. However, tenants may also simply ignore the limit if they choose to do so; either way, a breach of the occupancy limit can be grounds for eviction if the landlord deems it egregious enough.

Many Different Factors Create Occupancy Limits

Federal, state, and local law can all have an effect on occupancy limits. Historically, federal rules have held up an unofficial ‘two per bedroom’ rule, but state and city governments will often make changes. Florida law allows occupancy to be three times the number of bedrooms – for example, if there are two bedrooms, six people may live in a dwelling. There are, however, exceptions, most notably those allowing past victims of domestic violence to live in a location where a normal occupancy limit would be breached.

Factors like location and total square footage of the property will also make a difference – for example, a three-bedroom apartment in downtown Tampa will have a different limit than a three-bedroom house in unincorporated Polk County. Even something as relatively mundane as sewage or water system capacity can factor into an occupancy limit, particularly in such an ecologically aware state as Florida.

Landlords Can Set Their Own

In addition to all the regulations and criteria that may factor into determining an occupancy limit, it is permissible for a Florida landlord to also place restrictions on the number of people who can occupy a dwelling, as long as the purpose of the limitation is practical and not discriminatory. These types of restrictions are usually included in a rental agreement, however, so if a tenant knowingly breaches them, it can be grounds for eviction even if the violation is not discussed at the time.

If a landlord attempts to set an occupancy limit that is clearly discriminatory – for example, refusing to rent a one-bedroom apartment to a single parent – the applicants can seek redress via a Fair Housing Act complaint. A landlord may not limit occupancy to so few that it is discriminatory – but they also may not have a limit that is more lax than state or federal law. That said, both landlord and tenant must follow proper procedure when these disputes arise.

Contact A Tampa Landlord-Tenant Attorney

Few renters and prospective renters consider occupancy limits in their search for a place to make their home – but if one is not careful, the limit can cause significant issues for both landlords and tenants. A Tampa landlord-tenant attorney from the Seward Law Office can help answer any questions you may have about the process. Call our office today to schedule a consultation.

Source:

hud.gov/sites/documents/doc_35681.pdf