Can a landlord legally limit the number of people on lease (DC)?

[Anonymous]

I own a 2 bedroom rental unit in DC. We are curr looking for tenants and have been contacted by a group of three recent college grads who would like to share the place. I would rather not have three people living there -- or three people on the lease. Can I legally refuse them based on the fact that there are three of them?

[Anonymous]

Generally no -- family status is a protected class for purposes of renting.

However, a lot of the Fair Housing rules don't apply when you have a single unit to rent. Check with DCRA. They have a handbook on it.

[Anonymous]

Anonymous wrote:Generally no -- family status is a protected class for purposes of renting.

However, a lot of the Fair Housing rules don't apply when you have a single unit to rent. Check with DCRA. They have a handbook on it.

But if they are three unrelated people, that wouldn't apply would it? Could the landlord say one family or two unrelated people?

[Anonymous]

Anonymous wrote:Generally no -- family status is a protected class for purposes of renting.

However, a lot of the Fair Housing rules don't apply when you have a single unit to rent. Check with DCRA. They have a handbook on it.

Aren't there occupancy restrictions? Perhaps that why you said "Generally no".

[Anonymous]

There are occupancy limits that can be invoked though; not sure if 3 people living in a 2 bedroom would trigger that.

Also some places have rules about the maximum number of unrelated people that can live with each other - I think it's 6 in DC, so I guess that wouldn't be triggered.

But in any case, as PP have said, if you're a small time landlord owning 1 or 2 rental units, you don't have to follow a lot of fair housing laws as long as you don't list with a broker.

[Anonymous]

Three unrelated people are not family.

[Anonymous]

DC has limits, based on the bedroom size. Generally, each bedroom must have minimum of 70 square feet if to be used by one occupant. If multiple people are sharing the bedroom, it must have minimum of 50 sq feet per person (so 100 sq foot bedroom for two people in a single bedroom). And, interesting enough, this is not done through the Rental code, but rather through the DC Human Rights code.

That said, you CAN impose limits on how many ADULTS use the unit. You just can't discriminate against families with children. It's a bit of a grey area. I have a 2BR English basement rental and my rental ad on CL/Zillow/Hot Pads clearly stated that the apartment is for a max of 2 adults. The lease my tenants signed clearly states that they are the only adults allowed to live in the unit, but any kids they have or adopt after signing the lease are allowed to live there. This gets around any claims of discrimination.

[Anonymous]

You do NOT want three people on the lease. If one person doesn't pay, can you kick out the other two?

When I considered it, I insisted one person (or actually the parent) sign the lease and take responsibility for sending me the check. Then the other people would have to send them their portion.

Fortunately, I was always able to find another tenant option.

[Anonymous]

Anonymous wrote:You do NOT want three people on the lease. If one person doesn't pay, can you kick out the other two?

When I considered it, I insisted one person (or actually the parent) sign the lease and take responsibility for sending me the check. Then the other people would have to send them their portion.

Fortunately, I was always able to find another tenant option.

This is really dumb advice. You want all names on the lease so they have "joint and several" liability. Plus, it's much easier to evict with all names on the lease.

With joint and several liability, all parties are responsible for paying the rent each month. So, if one person suddenly moves out, the other two tenants are still responsible for paying the entire rent amount. This protects you.

[Anonymous]

Anonymous wrote:DC has limits, based on the bedroom size. Generally, each bedroom must have minimum of 70 square feet if to be used by one occupant. If multiple people are sharing the bedroom, it must have minimum of 50 sq feet per person (so 100 sq foot bedroom for two people in a single bedroom). And, interesting enough, this is not done through the Rental code, but rather through the DC Human Rights code.

That said, you CAN impose limits on how many ADULTS use the unit. You just can't discriminate against families with children. It's a bit of a grey area. I have a 2BR English basement rental and my rental ad on CL/Zillow/Hot Pads clearly stated that the apartment is for a max of 2 adults. The lease my tenants signed clearly states that they are the only adults allowed to live in the unit, but any kids they have or adopt after signing the lease are allowed to live there. This gets around any claims of discrimination.

This. You can absolutely state no more than x adults, you just can't get into no kids, no more than x kids, etc.

[Anonymous]

Anonymous wrote:I own a 2 bedroom rental unit in DC. We are curr looking for tenants and have been contacted by a group of three recent college grads who would like to share the place. I would rather not have three people living there -- or three people on the lease. Can I legally refuse them based on the fact that there are three of them?

My company owners 80+ properties in the DC area. First, you are not required to give applicants a reason they were denied. Second, there is a limit to how many people can live in a Premise. For instance, two adults per room is the max (same for children, etc). Aside from that as a Landlord you have very right to lease your property to whomever you wish. My company does not lease to roommates. We stopped the practice eight years ago. Roommates tend to have more issues and they are not worth the time or hassle.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You do NOT want three people on the lease. If one person doesn't pay, can you kick out the other two?

When I considered it, I insisted one person (or actually the parent) sign the lease and take responsibility for sending me the check. Then the other people would have to send them their portion.

Fortunately, I was always able to find another tenant option.

This is really dumb advice. You want all names on the lease so they have "joint and several" liability. Plus, it's much easier to evict with all names on the lease.

With joint and several liability, all parties are responsible for paying the rent each month. So, if one person suddenly moves out, the other two tenants are still responsible for paying the entire rent amount. This protects you.

Exactly. All names on the lease, all responsible for full payment.
I used that language when I was renting out my place - groups of roommates disappeared immediately. Nobody wanted to be on hook for full payment.

[Anonymous]

I have a 1br 1ba in DC. I’m currently adopting my niece and nephew (nephew is an infant) and was wonder can a landlord deny them from living with me

[Anonymous]

As the law say that a land law should allow how many

[Anonymous]

Anonymous wrote:I have a 1br 1ba in DC. I’m currently adopting my niece and nephew (nephew is an infant) and was wonder can a landlord deny them from living with me

No, but you may run into issues with the social worker about the number of bedrooms. We had a two bedroom and my DD when we had to take in then-13 year old male relative of DH.