Too many people living in single rental unit….what to do? - Request Legal Services (2024)

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Defining how many people can live in a rental unit is one of the biggest problems that some landlords have to face. The legally defined specifics vary per state. This causes problems that will essentially bite the landlord in the back as it can result to fines and criminal prosecution.

Restrictions are made because of the following concerns:

• Limited parking space
• Loud noises
• Safety
• Exploitation of illegal immigrants

In the State of Colorado, landlords who found to have violated the restrictions set by Federal and State laws may have to pay approx. $1,000 fine per day and/or a 90 days imprisonment. As a landlord,If you don’t want to face serious repercussions, you will have to do the following steps:

1. You have to be firm with your policy. If it really bothers you that a lot of people are occupying your property and that this has finally disturbed the peace and well being of you and the neighbors, it would be right to go talk to them.
2. Make sure you have clearly included occupancy limit in the contract.
3. Always follow the rules set out by the Housing and Urban Development. A two-bedroom house or apartment will make room for six people according to the “two plus one person per bedroom” policy.
4. If your tenants have violated the occupancy limit, issue a “three-day cure or quit” notice right away.
5. Do not wait for the neighbors to report complaints against your tenants because this will immediately warrant an unwanted visit from the inspector.
6. If your tenants have not complied with your request to heed the occupancy limit, immediately file a complaint to the Landlord and Tenant Board.
7. Notify the tenant that the Board has issued a Notice of Hearing if ever the Board does not immediately agree with your request for eviction. If you have presented a weak case to the Board, they will be conducting their own investigation, which will immediately lead to a hearing, where your presence and the presence of your tenant is called.