can 5 people live in a 2-bedroom? (apartments, rental, condo)

[darrenkien]

Hi,

We are a family of 4 (a couple with 2 small kids). I almost signed a contract today for a 2-bedroom apartment when the rental office told me that my mother cannot stay in our place because they do not allow 5 people in a 2-bedroom. My mother visits us temporarily for 5 months.

Is it a law (or a common rental policy) in Mass that for 5 people we must rent at least 3 bedrooms?

Looking forward to your help. Thanks.

[scarletfire]

I found a website that lists Mass laws related to tenants and landlords. I don't see a reference to restriction of number of occupants by the number of bedrooms but it does say the following:

Every dwelling unit shall contain at least 150 square feet of floor space for its first occupant and at least 100 square feet of floor space for each additional occupant. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.

www.mass.gov/Eeohhs2/docs/dph/regs/105cmr410.pdf#page=14 (broken link)

The following may also be useful resources:

Massachusetts Tenant's Handbook
Massachusetts Tenant's Handbook

Massachusetts Tenant Rights
The Massachusetts Tenants Network

I hope that is helpful.

[Parsec]

Interesting, I never knew they went by square footage per person here. After Hurricane Katrina, many families fled to Atlanta and Houston. The cops there actually enforced the # of people per bedroom law.

[NY'er lost in MA]

Beyond the law, you had better consider how the neighbors will react. We have neighbors that have 10 people in a 3 bed apartment. That isn't something that is pleasurable- the extra cars and noise.

I also don't think many landlords would accept that. Many leases list a maximum occupancy. Our condo that we are renting has documents for the association that limit the amount of tenants per unit.

[scarletfire]

It may depend also on whether you're renting from a landlord with a small multi-family or from a larger complex. I'm guessing that a larger complex would have more rules (or would abide by them more). My last landlord was for a 7-unit building and had no clue about basic Mass laws he was supposed to abide by.

I don't know that the neighbors would be a big consideration in my mind. It's just one extra person. How much extra noise could that be?

[findingmesomeday]

If they own it, they can do anything they want. We just sold our house and are renting for about a year while we decide whether to stay and downsize or move out of the area entirely. The landlord specifically mentioned who can live there--such as me, my spouse and our kids.

[darrenkien]

thank you all for your information!

[EugeneBKLYN]

Can you blame people for stacking into small apartments? The COL if outrageous.

[Gumbe]

Hi
I.m leaving in a two bedroom apartment with my wife and my two children and now we have a new born baby
So I want to know if we can break the lease with no penalty,
We want to move to a three bedroom apartment,,,
THANKS

[pennyone]

The COL may be expensive, but stacking large # of people into small apartments is a huge step toward slumlordship (is that a word?), and it's illegal for many reasons....hazards, fire safety, neighborhood nuisance. In fact, we should always be vigilant about slumlords stacking people into small apartments. It's bad for the neighborhood, it decays the city/town, and often it leads to criminal activities. Call the police and report any suspected slumlord overcrowding apartments. Not acceptable.

Too many cars parted around the area, huge numbers of people going in and out etc. Get your local officials to drop by unannounced and check for illegal overcrowding. Most cities/towns have ordinances against this. If you dont speak up, your neighborhood will decay.