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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37049
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Is there a California law in place limiting the number of

Customer Question

Is there a California law in place limiting the number of occupants in a 2 bedroom apartment
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 11 months ago.

Good afternoon Francisco,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No CA law directs a landlord as to how many people they MUST allow in a rental. However, the 1997 Uniform Housing Code Section 503(b) does have minimum requirements for a rental unit. Each residential rental unit must have at least one room that is at least 120 square feet; other rooms used for sleeping must be at least 70 square feet; and any room used for sleeping must increase the minimum floor area by 50 square feet for each occupant in excess of two. However, a landlord may choose to set their own limits and unless you happen to live in the City of Los Angeles---which does have limitations-----it is left up to the landlord to decide.

So while the landlord is limited in how many people that may live in a unit based on square footage, there is no corresponding law requiring a landlord to allow the maximum capacity allowed by law. The landlord may legally restrict occupancy to a lesser number of people.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2016,