Occupancy Limits and Guest Clauses in California Leases

A California lease can name who lives in the unit and set a reasonable occupancy limit, but the limit must not discriminate against families with children, a protected class under both California's Fair Employment and Housing Act (Government Code § 12955) and the federal Fair Housing Act. California's fair housing regulations set no occupancy number. HUD's federal enforcement policy says two persons per bedroom is reasonable "as a general rule," and that the reasonableness of any policy is rebuttable. Adding an adult tenant also changes when just-cause protection begins (Civil Code § 1946.2(a)).

The short version

• Name every adult tenant in the lease and list the other occupants. Ask every household for the same information.
• An occupancy limit should count people, not children. HUD says a limit on children per unit is less likely to be reasonable than a limit on people per unit.
• HUD's 1998 policy treats two persons per bedroom as a general rule that can be rebutted by factors such as bedroom size, unit size, children's ages and the unit's layout.
• Familial status covers households with anyone under 18 living with a parent or custodian, and anyone pregnant or securing legal custody (Government Code § 12955.2).
• Guest rules are set by the lease. Apply them the same way to every household.
• If adult tenants are added before an existing tenant reaches 24 months, just-cause coverage starts only when all tenants have 12 months or one has 24 (§ 1946.2(a)).

What the clause should cover

Setting an occupancy limit

No regulation in California's fair housing rules sets an occupancy standard. Federal law leaves room for "reasonable local, State, or Federal restrictions regarding the maximum number of occupants" (42 U.S.C. § 3607(b)(1)). Local building and occupancy codes may also apply, so check them before you set a number.

HUD's enforcement policy (63 Fed. Reg. 70256, December 18, 1998) adopts the Keating memorandum. It says "an occupancy policy of two persons in a bedroom, as a general rule, is reasonable," but "the reasonableness of any occupancy policy is rebuttable," and HUD will not judge compliance only by people per bedroom. The factors HUD considers:

• the size of the bedrooms and of the unit;
• the age of children, for example an infant compared with a teenager;
• the configuration of the unit, for example a den or study;
• physical limits such as septic, sewer or building-system capacity;
• state and local law, since a policy that reflects government occupancy requirements tends to show reasonableness;
• signs of pretext, such as discriminatory statements, discouraging families, or enforcing a rule only against families with children.

This is HUD guidance, not a California rule. There is no "plus one" in it.

Fair housing limits on occupancy rules

Under Government Code § 12955(a), it is unlawful to discriminate because of familial status, among other protected classes, and § 12955(c) bars notices and ads that indicate a preference or limitation on a protected basis. The federal Fair Housing Act has the same rule for ads (42 U.S.C. § 3604(c)). In practice:

• Count people, not children, and apply one standard to every applicant.
• Do not describe who the unit suits in a listing; describe the unit.
• Do not ask about pregnancy or plans for children.
• Treat a disability-related request to change a rule as a reasonable accommodation request under 2 CCR § 12176.

See fair housing and source of income for the protected classes.

Guest clauses

Guest limits are a lease term, set by the parties. A workable guest clause:

1. defines a guest as a person who does not live in the unit;
2. sets a clear point, such as a stated number of nights in a row or in a month, after which the person counts as an occupant who must be approved;
3. makes the tenant responsible for guests' conduct and damage (deposit deductions cover damage caused by "the tenant or by a guest or licensee of the tenant," § 1950.5(b)(2));
4. applies the same way to every household and every kind of guest.

Avoid rules that single out visitors by relationship, age or any other protected trait.

Adding a tenant or occupant, step by step

1. Get a written request from the current tenants naming the person who wants to move in.
2. Screen adults the same way you screened the original tenants. If you use an income standard, it must count the combined income of people living together on the same basis as a married couple (Government Code § 12955(n)), including unmarried cohabitants (2 CCR § 12142).
3. Sign a lease amendment or a new lease adding the person. State that all tenants are jointly and severally liable. Tenants who sign together and all benefit from the lease are presumed jointly and severally liable (Civil Code §§ 1659, 1660), but saying so removes doubt. See roommates and joint liability.
4. Deliver the required lease documents to the new signer. If the lease was negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean, the translation goes to every person who will sign (Civil Code § 1632(b)). See required lease disclosures.
5. Note the just-cause dates. Adding an adult before an existing tenant reaches 24 months delays coverage until all tenants have 12 months or one has 24 (§ 1946.2(a)). See just-cause eviction.
6. Update the deposit records. At move-out, unless all adult tenants agree otherwise in writing, the deposit refund goes by one check payable to all adult tenants (§ 1950.5(h)(1)(C)).

When someone moves in without approval

Start with a written conversation, not a notice. A lease amendment that adds the person may resolve it. If the person is a subtenant the lease did not allow, subletting in violation of the lease is an at-fault just cause (§ 1946.2(b)(1)(G)). For a covered tenancy, a curable lease violation requires a notice to cure before a notice to quit (§ 1946.2(c)). Which notice fits a given case is a question for counsel. See subletting and assignment clauses.

For owners

Write your occupancy and guest standards before you advertise, base them on the unit, and use them for every applicant and tenant. Keep the reasons for any number you set. When tenants ask to add someone, respond in writing and follow the same steps each time. For help with paperwork in your first year as a landlord, see the first-year landlord checklist.

For renters

List everyone who will live with you on the application. Before a friend or partner moves in, ask in writing and sign an amendment, so the new person has the same rights and duties as you. If an occupancy limit seems to work against your family, ask how it was set; an occupancy policy that limits children is less likely to be reasonable under HUD's policy.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration ordinances, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Is there a legal limit on how many people can live in a California rental?

California's fair housing regulations set no number. Federal law allows reasonable state and local occupancy restrictions, and HUD's 1998 enforcement policy treats two persons per bedroom as a reasonable general rule that can be rebutted by factors such as room size and children's ages. Local codes may also apply, so check them.

Can a landlord refuse to rent to a family because of the number of children?

Refusing to rent because of familial status is discrimination prohibited by Government Code § 12955 and the federal Fair Housing Act. A landlord may apply a reasonable per-person occupancy limit to every applicant, but HUD says a policy that limits children per unit is less likely to be reasonable than one that limits people per unit.

Can a California lease limit guests?

Leases commonly define how long a guest may stay before becoming an occupant who needs approval. State the limit clearly and apply it the same way to every household. A disability-related request for an exception is a reasonable accommodation request.

Does adding a roommate restart the just-cause clock?

It can delay it. Under § 1946.2(a), if adult tenants are added before an existing tenant has lived there 24 months, just-cause protection applies only once all tenants have 12 months or at least one has 24 months.

Does a new adult occupant need to sign the lease?

Having every adult sign is standard practice. Adding adults as tenants in a signed amendment makes them parties to the lease, and stating that all tenants are jointly and severally liable removes doubt about each one's share of the rent. Without signing, the person's rights and duties are less clear for everyone.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

• Government Code § 12955 (opens in a new tab)
• Government Code § 12955.2 (opens in a new tab)
• 42 U.S.C. § 3607 (opens in a new tab)
• 42 U.S.C. § 3604 (opens in a new tab)
• HUD, Fair Housing Enforcement: Occupancy Standards, 63 Fed. Reg. 70256 (1998) (opens in a new tab)
• Civil Code § 1946.2 (opens in a new tab)
• Civil Code § 1659 (opens in a new tab)
• Civil Code § 1660 (opens in a new tab)
• Civil Code § 1950.5 (opens in a new tab)
• Civil Code § 1632 (opens in a new tab)
• 2 CCR § 12142 (opens in a new tab)
• 2 CCR § 12176 (opens in a new tab)

Verified October 19, 2026.