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how many can live in a 1 bedroom apartment

I have recently rented a 1 bedroom apartment to a couple. They have been having their 15 and 16 year old brothers live with them in this 1 bedroom apartment with out our permission. Is their a law on how many people can stay in a 1 bedroom apartment, The apartment only has a bedroom, living room, kitchen and bathrrom.

Editor's Response

If the lease does not cover the issue, the state sanitary code does limit the number of people who can live in one unit, and those limitations are based on the square footage of the apartment.  See 105 CMR 410:400:

 

410.400: Minimum Square Footage

 

(A) 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, the floor space to be calculated on the basis of total habitable room area.

 

(B) In a dwelling unit, 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.

(C) In a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant.

For more information or to post a question, visit our MA Tenant Law Discussion Forum.

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