How many people can legally live in a two-bedroom apartment?

There is no single national number. HUD treats two people per bedroom as generally reasonable, which suggests four, but that standard can be rebutted by factors like bedroom size and children's ages. Local housing codes may also set limits based on square footage.

Can a landlord limit the number of occupants?

Yes, within limits. Landlords can set reasonable occupancy limits and must apply them consistently. A limit stricter than local code or the two-per-bedroom guideline, especially one that screens out families with children, can violate the Fair Housing Act's protection for familial status.

Does a baby count toward the occupancy limit?

Usually yes as an occupant, but HUD has said the age of children is a factor in judging whether an occupancy policy is reasonable. Refusing to let a couple keep a one-bedroom apartment after having a baby can be challenged as unreasonable. Check local code too.

Occupancy limits: how many people can live in a rental?

A couple with a new baby asks whether they can stay in their one-bedroom. A landlord wonders whether to approve a family of five for a two-bedroom. Occupancy limits answer both, and the familiar "two per bedroom" rule is a starting point, not the whole answer.

Where two per bedroom comes from

In 1998, HUD published a statement, often called the Keating Memorandum, explaining how it reviews occupancy policies under the Fair Housing Act. It says an occupancy policy of two persons in a bedroom, as a general rule, is reasonable. In the same breath it says that standard is rebuttable. It's a starting point for judging whether a policy discriminates, not a law that caps every unit at two per room.

What can change the answer

HUD's statement lists factors that can make a two-per-bedroom policy unreasonable, or a stricter one acceptable:

Size of the bedrooms and the unit. Large bedrooms or a big unit can support more people.
Age of children. An infant sharing a parents' room is different from three adults.
Configuration. A den or other room that could sleep someone matters.
Physical limits of the building, like septic or sewer capacity.
State and local law.

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Local codes

Many cities and counties have housing codes that set minimum space per occupant, usually tied to the square footage of sleeping rooms. These limits apply regardless of what the lease says, and they can be stricter or looser than two per bedroom. Check your local housing or building code before setting a number.

The discrimination line

Families with children are protected under the Fair Housing Act's familial status category. An occupancy limit that's tighter than the local code requires, or that's enforced only against families, can become a fair housing problem. Write one limit, base it on the unit, and apply it the same way to everyone. See tenant screening without fair housing violations.

Writing the clause

List every occupant by name in the lease, including children.
State the maximum and how new occupants are approved, such as a new adult applying and signing.
Separate guests from occupants with a stay limit. See when a guest becomes a tenant.
Allow for births and adoptions rather than treating them as violations.

When a roommate or partner moves in mid-lease, add them properly. See adding a roommate mid-lease and renting a room in your own home.

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