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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
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: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year 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,