Two-bedroom apartments are one of the hottest real estate properties in the market. With high real estate prices, many people are opting for smaller homes. So, you may want to know, how many people can live in a 2-bedroom house?
Then FHA recommends 2 people per room. But most cities apply the 2+1 rule, which means two persons per bedroom plus an extra person. So, a 2-bedroom house can take up to 5 people. In Texas, it can take 6. Consider the bedroom classification, who are occupants, and your comfort when renting a house.
Although the landlord can’t discriminate based on family, they can limit the number of occupants on reasonable grounds. They may charge higher rent if you bring in an extra person. It all depends on your lease agreement. Here, we discuss how many people can live in a 2-bedroom house.
Federal Rules on Occupancy
The Fair Housing Act, a federal law administered by the Department of Housing and Urban Development, recommends that there should be a maximum of two people for each bedroom in a rental unit. This means that a maximum of four people will be able to live in a 2-bedroom house.
The Fair Housing Act also prevents landlords from refusing tenants because they have children. So, the landlord has to allow families to live together even if doing so will break the occupancy limit in some cases. This is usually the major reason the occupancy limit may exceed 2 persons per room.
2+1 Rule for Occupancy
Usually, most cities follow the 2+1 rule. This means that two people per bedroom plus one extra person. In this case, it’ll be based on the property’s square footage. For example, a house with large bedrooms or an extra room such as an office or sitting room that could serve as a bedroom can take more occupants.
The occupancy limit differs from one place to another. For instance, senior living communities have age requirements for who can stay in the community. In such places, children aren’t generally allowed. So, the occupancy limit might be lower. In Texas, up to 6 people can live in a two-bedroom apartment. This means it has the least restrictive rules on how many people can stay in the building.
So as a tenant, the best thing is to check with your landlord to determine how many people can live in an apartment before signing the lease.
What To Consider When Determining Occupancy Limit
Here are some of the factors you should personally examine when renting an apartment.
1. Bedroom Classification
Several factors will come into play when determining how many people can stay in a house. The size of the bedroom is crucial, and so is the age of the children. For example, if you have a baby, the occupancy limit won’t be the same if you have a teenager. If your house has a basement, it doesn’t automatically become a bedroom. There are still legal requirements you’ll have to meet before it can qualify as a bedroom.
Comfort doesn’t necessarily have to do with occupancy limits. But it’s still something worth considering for any family. The size of the house and each room can decide whether it’s comfortable for a family or not. But there are still other equally important variables. The number of bathrooms in the house matters as it could make a major difference in comfortability.
3. Who’s an Occupant
You also need to determine who is an occupant. By law, every member of your family living in the house is an occupant. A child is also an occupant regardless of their age. But that doesn’t mean they’ll require the same space as an adult or even a teenager.
When Does a Guest Become a Tenant?
If someone isn’t on the lease, there’s a limit on how long they can stay on the property. This will depend on the rental company or the landlord. So, you should also ask before you rent an apartment. There won’t be an issue in most cases if they’re staying for a few days. But once they start living in the apartment, the rental company or landlord may have some questions. It’s mostly for security reasons.
Most lease agreements will state the number of consecutive days a guest will have to stay in your apartment before becoming an occupant. However, the landlord can’t limit the number of guests that a tenant can invite. Some regulations state 5 to 7 consecutive nights or 14 to 15 days in 6 months.
The lease agreement with its occupancy clause exists to protect the landlord. So, if you have a guest staying with you, the landlord may not do anything. It’ll only become an issue when the person becomes destructive or disruptive, or other tenants complain. Then, the landlord can tell them to leave or find you in violation of your lease.
Can The Landlord Limit How Many People Stay In a House?
The landlord is within legal rights to limit the number of people in a house. But they must comply with the housing laws, either local, state, or federal. The landlord can’t simply rely on the Fair Housing Act to restrict the number of people in a room to 2. The law states that occupancy requirements should be reasonable. So, the main issue would be what constitutes reasonable in each context. Reasons such as wear and tear, fire hazard, overcrowding, and higher utility usage could lead a landlord to impose a limit.
The Fair Housing Act also prohibits landlords from renting houses to a person based on familial status. So, if a couple with a baby seeks to rent a one-bedroom apartment, it’ll be against the law to refuse them. For the purpose of occupancy, extra rooms in the house can also be considered a bedroom.
Can Landlord Charge You More For Extra Occupant
Your rent may go up if another person moves into your apartment. This will depend on the terms of your lease. An additional occupant will usually mean more wear and tear on the property. So, the landlord may add an extra occupant fee. In most cases, the lease agreement will require you to disclose all the people in a unit. Some lease agreements even require that the name of all occupants should be on the lease. Thus, you need to ensure that having another occupant in your house isn’t a violation of your lease, especially if the landlord isn’t aware.
Between 4 and 6 people can live in a 2-bedroom house. The occupancy limits vary by location. So you should ask your landlord before renting the house. Also, note that the occupancy limit exists for safety reasons, and flouting it could be dangerous personally.