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Setting a limit on the number of occupants?????

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mjkpainting

Junior Member
What is the name of your state (only U.S. law)
Connecticut

I have rented out a single family colonial for the past four years. Previously I rented the house out two adults. I am concerned that if I rent the house out to a family with multiple children that the house will get destroyed. My question is:

Can I legally put in the contract that the house cannot be occupied by more than three people??????
 


DeenaCA

Member
Housing providers can impose a reasonable limit on the total number of occupants for a rental unit, as long as the limit is not based on the ages of the occupants (children). A limit of two persons per bedroom would generally (but not always) be considered reasonable. If there are local codes limiting occupancy, compliance with those codes is considered reasonable. Here is the current HUD guidance on the subject: http://nhl.gov/offices/fheo/library/occupancystds.pdf.

Please keep in mind that it's unlawful for a landlord to publish an ad expressing a discriminatory preference against families with children (United States Code: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices | LII / Legal Information Institute).
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)
Connecticut

I have rented out a single family colonial for the past four years. Previously I rented the house out two adults. I am concerned that if I rent the house out to a family with multiple children that the house will get destroyed. My question is:

Can I legally put in the contract that the house cannot be occupied by more than three people??????
**A: no, because you can't discriminate against a family larger than 3 people. Federal law.
 

justalayman

Senior Member
you can be very thorough in a background check. You need to check your state's laws as to how much security deposit you can charge and for your benefit, charge as much as the state allows.

You also need to understand your state's landlord tenant laws so you know what you can to to keep track of your property and how to evict in the most efficient manner if needed.

In other words: learn how best to protect your interests.

Understand you cannot discriminate against families and only apply these rules to families so the rules would need to be applied to all applicants and tenants.
 

nextwife

Senior Member
You could first try advertising the rental through a venue that is demographically empty nesters. You'd be likely to have far fewer families with young children reading that sort of circular, thus more likely to have a larger number of applicants who are more mature renters.
 
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