Legal Question in Real Estate Law in California

Re: rental maximum occupancy

No state-wide law. Various communities might have local ordinances, or there may be zoning regulations at the neighborhood level or even private CC&Rs on a parcel-by-parcel level that limit occupancy.

Re: rental maximum occupancy

The Uniform Housing Code specifies maximum occupancy based on the size of the unit. The size of the unit, for this purpose, only includes living areas other than bathrooms, kitchens, hallways and closets. 75 sq. ft. is required for the first occupant and 50 sq. ft for each additional occupant.

If you work it out, you will see that very large numbers of people are permitted in a normal apartment. I assume the purpose of these limits is to prevent the building from collapsing from too great a load.

A landlord can set his own maximum occupancy standard so long as it does not result in discrimination against families with children. Under federal law, a maximum of two persons per bedroom is presumptively reasonable. A landlord could decide to allow more people in an apartment but does not have to.

Since a studio apartment does not contain any bedrooms, it is an open question whether a landlord may restrict occupancy to only one person.

Re: rental maximum occupancy

Be sure to check your lease.