occupancy clause

[apishapa]

What is the name of your state (only U.S. law)? CO

My rental contract has a clause limiting maximum occupancy to two people. This is a three bedroom, 1500 SF house. I need to let my son and his girlfriend move in. She had emergency surgery, he took off work and got fired.

I read in a renter's rights handbook published by NOLO that occupancy standards are set either by ferderal statute if the state doesn't have their own. It said Federal uses BOCA and that it is either 2 persons per bedroom or something like 150 SF for first person and 100 SF for each additional person. I'm way under on either standard.

My question is: Is it legal in Colorado to limit occupancy to less than the Federal or State occupancy standard? Can my contract be terminated because I let my son move in?

The book said it was like discriminating against families to set unreasonably low occupancy limits. But, I get really vague answers everywhere except that one book.

 

[CA LL]

The reason your agreement states that is that your specific tenancy was approved for ONLY those occupants listed...therefore probably two. You will need to approach your LL and ASK them about having others apply to move in with you and the LL can either accept or DENY them based on their screening criteria.

 

[rowz]

Does the book say anything about the Federal Occupancy standards applying to single family homes? Is the book specific to your state?
Google: Colorado occupancy limits and see what you get.

Are theses standards to limit the maximum # of people for a given square footage?

Perhaps calling the local housing department of your city/county/state could get you an answer.

I would say that regarding the rental of a single family home, the lease would be your contract therefore laying out what you can and cannot do.

You could discuss this with the landlord and see if they will alllow the additonal tenants for an increase in the rent.
After all, you are doubling the # of occupants and therefore doubling the wear and tear on the property.

Why should the landlord suffer these extra tenants for no consideration?

 

[Alaska landlord]

It's the landlord's property and it is additional wear and tear that will be occurring to his property due to the extra two people. He gets to decide who lives on his property according to HIS criteria.