How many people can live in a rental unit in Arizona?

Most Arizona cities allow two people per bedroom plus one, but check your local codes for exact limits.

What happens if my apartment is considered overcrowded?

Your landlord may send a written notice and, if unresolved, can begin eviction proceedings through the courts.

Are children counted in occupancy limits?

Yes, children and infants are generally counted towards the total number of occupants unless local rules say otherwise.

What should I do if I receive a notice about occupancy violations?

Respond in writing, try to fix the situation, and seek official or legal support if you need help.

Arizona Renters Guide to Occupancy Limits and Overcrowding Laws

Roommates, Subletting & Shared Housing Arizona published: June 21, 2025

If you’re a renter in Arizona living with roommates or considering subletting, understanding occupancy limits and the laws on overcrowding is essential. Arizona sets rules about how many people can live in a rental unit, which affect both your comfort and your legal standing. Whether you’re facing landlord concerns or you’re simply planning to add a roommate, know your rights and responsibilities under state and local law.

What Are Occupancy Limits in Arizona?

Occupancy limits refer to the maximum number of people who can legally reside in a rental unit. These limits help ensure safe, healthy living conditions and are set to prevent overcrowding. In Arizona, while state laws exist, many occupancy rules are defined by local city or county housing codes, based on factors like:

The number of bedrooms in the unit
The square footage of the rental
Local health and safety codes

Typically, a common standard is two persons per bedroom plus one additional occupant for the entire unit. However, you should always check your local city or county code for specific numbers. For example, Phoenix generally follows the two-per-bedroom-plus-one rule, but some cities may be stricter.

Arizona Residential Landlord and Tenant Act

Arizona's main renter protections and responsibilities are governed by the Arizona Residential Landlord and Tenant Act. This legislation outlines the rights of renters and landlords—including aspects around health, safety, and occupancy—but it does not set a state-wide occupancy number. Instead, it directs tenants and landlords to follow local housing codes.

Overcrowding Laws and Health & Safety

Overcrowding is defined when more people live in a space than allowed by law or lease agreement, or when living conditions become unsafe or unhealthy. Local city and county health departments set these rules, often based on:

Minimum square footage per occupant (e.g., 200 sq ft for the first occupant, 150 sq ft for each additional)
Bedroom requirements and window/exit standards
Availability of adequate sanitation facilities

Landlords may cite overcrowding as a violation of house rules or as a reason for lease non-renewal or, in some cases, eviction. Renters should check both their lease agreement and local regulations. You can find Phoenix’s requirements through the Phoenix Housing Code Enforcement Division and Tucson’s via the City of Tucson Housing and Community Development department.

What Happens if Occupancy Limits Are Violated?

If a rental unit exceeds the legal or lease-defined occupancy limit, renters may face:

A written notice from the landlord to correct the violation
Potential non-renewal or termination of the lease
Eviction proceedings if the issue is not resolved

Landlords must generally follow the legal process outlined by the Arizona Residential Landlord and Tenant Act when handling violations. Renters are entitled to written notice and an opportunity to correct the issue.

Required Forms and How to Use Them

10-Day Notice to Correct Noncompliance (Form: "Notice of Noncompliance"): If a landlord believes occupants exceed allowed numbers, they must serve this written notice. As a renter, you would receive this giving you at least 10 days to resolve the occupancy issue before the landlord can file for eviction.
See the official sample notice and procedure via the Arizona Judicial Branch's Guide to Filing a Residential Eviction Action.
Eviction Action Form (AZT-001): If you fail to resolve the issue, your landlord may file this form with the court. You’ll be notified and can attend your hearing before an eviction order is issued.
Access official forms at the Arizona Judicial Branch Self-Service Center – Landlord-Tenant Disputes.

Practical example: If your household grows beyond your lease’s allowed occupancy, your landlord might serve you a 10-Day Notice. If you do not adjust the number living there, the landlord can file an eviction action using the official court forms linked above.

If you receive a notice about occupancy, don’t ignore it—always respond in writing and seek legal help if you need clarification on your rights.

Arizona’s Housing Dispute Resolution Process

In Arizona, residential tenancy disputes are generally heard by the Arizona Justice Courts in each county. This is the tribunal responsible for handling landlord-tenant cases, including those involving occupancy violations or eviction proceedings.

Action Steps for Renters

Review your lease for occupancy limits and rules about guests or roommates.
Check local city or county housing codes for specific occupancy standards.
If you receive a notice, respond in writing, and ask questions if you’re unsure why you’re in violation.
Contact your local tenant resource center if you face eviction or need advice—see resources below.

Maintaining communication and being proactive is the best way to protect your rights and address occupancy issues.

Frequently Asked Questions

How many people can live in a rental unit in Arizona?
There is no strict statewide law, but most areas follow the standard of two people per bedroom plus one additional person. Always check your local city or county housing code for exact numbers.
What happens if my apartment is considered overcrowded?
If your home exceeds occupancy limits, your landlord may issue a written notice and, if not resolved, begin eviction proceedings under Arizona law.
Are children counted in occupancy limits?
Yes, all individuals—including children and infants—are typically counted as occupants in Arizona, unless local rules state otherwise.
What should I do if I receive a notice about occupancy violations?
Respond to your landlord in writing, try to resolve the issue promptly, and seek legal advice if you’re unsure of your rights.

Key Takeaways for Arizona Renters

Arizona does not set a statewide number for occupancy; local housing codes and your lease apply.
Landlords must provide written notice and follow legal steps for addressing overcrowding.
Renters have the right to respond and seek help from official resources if facing an eviction.

Being proactive and informed helps you avoid misunderstandings and protects your rights in shared housing scenarios.