Occupancy Limits
Medium RiskA clause that restricts the number of people who may reside in the rental unit as their primary residence.
In Plain English
An occupancy limit clause sets a maximum number of people who can live in your rental. On its face, it seems reasonable — landlords want to prevent overcrowding. But these clauses can become problematic when they're used to discriminate against families with children or when they're set at levels unreasonably lower than what's appropriate for the unit size. Most jurisdictions have rules about what constitutes a reasonable occupancy limit.
Why It Matters for Tenants
Occupancy limit clauses can be used to discriminate against families, though human rights law prohibits this in most jurisdictions. Understanding what's legally reasonable — often expressed as 2 people per bedroom plus 1 — helps you identify clauses that may be discriminatory or legally unenforceable.
Risk Level
Occupancy limits are medium risk. An overly restrictive limit may constitute family status discrimination, which is prohibited by human rights codes in Canada. However, reasonable occupancy standards are legitimate.
Example Clause
The Premises shall be occupied only by the persons named in this Agreement as Tenants. No additional persons shall take up permanent residency in the Premises without the prior written consent of the Landlord. Occupancy is limited to a maximum of two (2) persons per bedroom.
This is a representative example for educational purposes. Actual lease language varies.
Common Mistakes Tenants Make
- Not questioning an occupancy limit that seems unreasonably low for the unit size
- Failing to add a new partner or family member to the lease through proper channels
- Confusing visitors (who can stay temporarily) with permanent occupants
- Not knowing that in many jurisdictions, landlords cannot deny tenancy or set limits that effectively exclude families with children
Provincial and State Variations
In Canada, family status is a protected ground under human rights legislation. A landlord cannot set occupancy limits designed to exclude families with children. Ontario's guidelines suggest 2 people per bedroom is generally reasonable. BC and Alberta have similar human rights protections. In the US, the Fair Housing Act protects against familial status discrimination, with a general standard of 2 persons per bedroom.