Legal Question in Real Estate Law in California

number of tenants per apartment

is there a limit to how many people can occupy a one or two bedroom apartment?


Asked on 2/08/02, 4:40 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: number of tenants per apartment

Not that I know of. There could probably be some restrictions from the fire department. Usually, number of people is agreed upon in the lease or rental agreement.

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Answered on 2/08/02, 4:43 pm
Victor Hobbs Victor E. Hobbs

Re: number of tenants per apartment

There are normally limits as to the occupancy in the city code. So call the city Code Enforcement Office and ask. The fire department might also have some input into that. I read the other attorney's response. If the unit your interested in is governed by a Homeowner's Association there may be limits set forth in the CC&Rs.

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Answered on 2/08/02, 6:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: number of tenants per apartment

Depends upon whether you mean a limit imposed by contract or by law. If you are a tenant or an owner subject to some kind of HOA or CC&Rs, you should refer to whatever is expressed in the contract(s) you have with the HOA or the CC&Rs you became subject to through purchase; it's probably enforceable.

If you mean a limit imposed by law, ordinance or some governmental regulation or policy, the answer may depend upon whether the occupants are members of a family or not. There was a famous US Supreme Court case called Moore v City of East Cleveland where the Court limited some anti-hippie, anti-commune ordinances by making them inapplicable to extended families (grandparents, cousins, etc.) on constitutional grounds.

So, the long and short of it is that more facts are needed to assess your particular situation.

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Answered on 2/08/02, 7:16 pm


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