Alabama Occupancy Limits: Laws on Shared Housing & Overcrowding

If you are a renter in Alabama sharing a home or apartment, it's important to know your rights and responsibilities around occupancy limits and overcrowding laws. Whether you have roommates, sublet, or share space with family, Alabama has specific rules that impact how many people can live in a rental unit. Understanding these regulations can help you protect your rights, avoid disputes with landlords, and ensure a safe, healthy living environment.

Understanding Occupancy Limits in Alabama

Occupancy limits refer to how many people can legally live in a single rental unit. In Alabama, there is no single statewide occupancy law, but rules are set by a combination of:

• Local housing and building codes
• Provisions in your lease agreement
• Federal guidelines under the Fair Housing Act

Most Alabama cities follow guidance from the U.S. Department of Housing and Urban Development (HUD). HUD recommends a general "two persons per bedroom" standard, but local codes may have different requirements.^[1]

Local Code Enforcement and Rental Housing

Most Alabama municipalities (such as Birmingham, Huntsville, and Montgomery) use local code enforcement agencies to manage occupancy. These agencies may set specific rules, for example:

• Minimum square footage per occupant (e.g., 70 square feet for the first occupant, 50 square feet for each additional)
• Maximum persons allowed per bedroom

Check with your city or county housing authority for up-to-date local laws. For example, the City of Birmingham Housing Code has detailed standards for occupancy and room sizes.

What Counts as Overcrowding?

Overcrowding exists when more people live in a rental than local codes, lease rules, or health and safety standards allow. This can lead to:

• Health or fire hazards
• Code violations
• Potential grounds for eviction

Landlords or housing authorities may inspect units if they suspect overcrowding. If found, they can take steps to bring the unit into compliance.

Roommates, Subletting, and Shared Housing

Many renters in Alabama share housing to save on costs. Before adding roommates or subleasing:

• Check your lease – many leases limit who can live in the apartment
• Get landlord permission in writing for new roommates or subtenants
• Ensure you do not exceed occupancy limits set by law or your lease

Adding extra occupants without landlord approval can violate your lease and Alabama’s tenant laws (Alabama Uniform Residential Landlord and Tenant Act).^[2] This may result in eviction or loss of your security deposit.

Key Forms for Renters Involved in Occupancy Disputes

• Official Notice of Violation (Local Code Enforcement)
  When used: If your unit is found in violation of occupancy codes, you may receive this notice.
  Example: If your landlord reports too many occupants, city inspectors may issue a form like the Montgomery Code Enforcement Violation Notice.
  Source: Check your city’s code enforcement department for templates and procedures.

• Complaint Form (for Habitability or Code Issues)
  When used: If your home feels unsafe due to overcrowding, use a city housing complaint form—such as the Birmingham Code Enforcement Complaint Form.

Consult with your city’s housing or code enforcement office for current forms and how to submit them.

Tribunal or Agency Handling Tenant Issues in Alabama

Tenant-landlord disputes in Alabama, including occupancy or eviction matters, are generally handled by local district and circuit courts. For housing code enforcement issues, renters can contact their city’s code enforcement division, such as the Birmingham Department of Building Inspections or their corresponding city/county office.

Relevant Legislation

The Alabama Uniform Residential Landlord and Tenant Act (Ala. Code Title 35, Chapter 9A) covers tenancy issues, including lease violations and procedures for eviction.^[2] For accessibility and enforcement standards, the federal Fair Housing Act may also apply.^[3]

Steps for Renters Facing Occupancy Issues

If you receive an occupancy violation notice or face overcrowding concerns:

• Read your lease and identify any occupancy provisions
• Talk to your landlord about resolving the problem voluntarily
• Contact your local code enforcement agency for details on the violation
• If you disagree with the violation or need more time, consider requesting a hearing or extension with the agency listed on your notice
• For disputes, you may seek resolution in your local district court or get legal assistance

Always keep copies of any notices, complaint forms, or correspondence for your records.

Frequently Asked Questions

1. Are there statewide occupancy limits for renters in Alabama?
   No, Alabama does not have a statewide occupancy limit. Local city and county housing codes typically set these rules, and HUD's "two-persons-per-bedroom" guideline is commonly used.
2. Can my landlord evict me for having too many roommates?
   Yes, if you violate lease terms or local occupancy codes by having too many occupants, your landlord may start eviction proceedings under the Alabama Uniform Residential Landlord and Tenant Act.
3. What should I do if I receive a notice of overcrowding?
   Address the issue promptly. Discuss possible solutions with your landlord, adjust occupant numbers if needed, and respond to any code enforcement notice by the required deadline.
4. Can I add a roommate without landlord approval?
   Usually, no. Most leases in Alabama require landlord consent to add or change occupants. Failing to get approval could risk lease termination.
5. Where can I file a complaint if my living conditions are unsafe?
   For unsafe or overcrowded conditions, file a complaint with your city or county's code enforcement office. Forms are available on official city websites, such as the Birmingham Code Enforcement Complaint Form.

Key Takeaways for Alabama Renters

• Occupancy limits vary by city, so always check local housing codes
• Adding roommates or subtenants generally requires landlord approval
• Address any violation notices promptly to avoid bigger problems

Stay informed and communicate early to prevent misunderstandings about occupancy and shared housing rules.

Need Help? Resources for Renters

• Birmingham Department of Building Inspections & Code Enforcement: Occupancy & housing complaints
• Alabama Attorney General's Consumer Protection: Tenant complaint protections and resources
• Legal Services Alabama: Free/low-cost legal help for renters
• Read the Alabama Uniform Residential Landlord and Tenant Act

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1. See HUD’s Occupancy Standards Guidance: HUD Keating Memo on Occupancy Standards
2. Alabama Uniform Residential Landlord and Tenant Act (Ala. Code Title 35, Chapter 9A)
3. Federal Fair Housing Act Overview

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