Apartment Occupancy: How Many People Can Live in Your Unit and What the Rules Really Say

When we talk about apartment occupancy, the maximum number of people legally allowed to live in a residential unit based on local housing codes and safety standards. Also known as occupancy limit, it’s not just about how many beds you have—it’s about fire safety, plumbing capacity, and local laws that protect everyone in the building. This isn’t a suggestion. It’s a rule, and ignoring it can mean fines, eviction, or even unsafe living conditions.

Many people assume that if a 2BHK apartment has two bedrooms, it can house four or five people. But building code occupancy, the legal standard set by municipal authorities to determine safe living density. Also known as maximum occupants, it often follows a simple formula: two people per bedroom plus one extra, or sometimes one person per 70 square feet. In a 600-square-foot 2BHK, that’s usually a hard cap of three or four people. Cities like Sydney, New York, and Austin enforce these rules strictly because overcrowding strains water, sewage, and electrical systems—and increases fire risk. Landlords can’t ignore this. Tenants can’t pretend it doesn’t apply. Even if your friend wants to crash for a few weeks, that temporary guest could push you over the limit.

It’s not just about numbers. rental capacity, how many people a property can legally and safely accommodate under lease agreements and local regulations. Also known as occupancy rules, it affects your rent, your deposit, and even your ability to renew a lease. Some landlords use occupancy limits to avoid renting to large families, which can cross into discrimination. Others use them to protect the building’s infrastructure. The truth? It’s a balance between fairness, safety, and legality. If you’re renting, ask for the official occupancy policy in writing. If you’re a landlord, make sure your lease reflects local codes—not your personal preferences. And if you’re thinking of adding a roommate, check first. A single extra person could break the rules.

What you’ll find below are real examples from actual cases—how a 600-square-foot apartment in Sydney handles occupancy, why NYC landlords can’t just say "no kids," and how a lease agreement with yourself doesn’t change the legal limit. These aren’t theories. These are rules that people live by—or get punished for ignoring. Whether you’re renting, buying, or just trying to figure out if your cousin can stay for the summer, the answers are here.