Can my landlord limit how many people live in my apartment?

Yes, but only according to your lease and local or state codes. Any limits must be reasonable and comply with state or federal laws.

What happens if occupancy limits are exceeded?

You may face a notice from code enforcement or your landlord, and if not resolved, it could lead to eviction proceedings.

Are families protected from discrimination based on occupancy?

Yes. Landlords cannot use occupancy limits to discriminate against families with children if occupancy is lawful under local and state codes.

Where can I file a complaint about unsafe overcrowding?

Contact your local code enforcement office or Maine State Housing Authority to file a complaint regarding potential violations.

Are guests included in official occupancy limits?

Short-term guests are usually not counted unless they stay longer than your lease allows, after which they may be considered occupants.

Maine Occupancy Limits: What Renters Need to Know

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

If you rent an apartment or share housing in Maine, it's important to understand the rules about how many people can legally live in your unit. Knowing about occupancy limits and overcrowding laws helps protect your rights, ensures your safety, and keeps you in good standing with your landlord. This article will explain Maine's current occupancy regulations, what counts as overcrowding, and what steps you can take if you believe your rights are affected.

How Occupancy Limits Work in Maine

Maine does not set a universal state-wide number for occupants per unit; instead, rules are guided by a mix of state sanitary codes, local municipal codes, and federal housing laws. Generally, occupancy limits are intended to prevent overcrowding and maintain safe living conditions for all residents.

Key Points About Occupancy and Overcrowding

Maine State Housing Authority uses health and safety codes to guide occupancy practices.
Many cities adopt model standards, such as "two people per bedroom plus one" (for example, a two-bedroom unit could house up to five people).
Your lease may set additional, specific limits on guests, subletting, or total residents.
Federal law—specifically, the U.S. Department of Housing and Urban Development's occupancy standards—must be followed in all rental agreements (HUD Occupancy Standards).

The goal of these restrictions is to ensure safe, healthy living environments and to comply with fire and building codes.

Understanding Maine’s Housing Codes

Occupancy in Maine is regulated chiefly through the State Sanitary Code – Housing Chapter, along with local city ordinances. The code covers minimum requirements for bedrooms, ventilation, and safe occupancy.

Bedrooms must generally be at least 70 square feet for a single occupant and 50 square feet per person for shared bedrooms.
Children under a certain age may be allowed to share bedrooms with adults, but only if space and safety requirements are met.
Local codes may be stricter, especially in cities like Portland or Bangor. Always check your local Code Enforcement Office.

Overcrowding Laws and Shared Housing

Overcrowding occurs when the number of people living in a unit exceeds the lawful limit set by code or by the lease.

Exceeding occupancy limits may lead to code enforcement inspection or legal action by the landlord.
Landlords cannot set occupancy limits lower than what is allowed by local health or building codes.
Your rights as a renter include the right to have reasonable guests—but long-term residents may be counted toward occupancy.

If You Suspect Overcrowding or Need to Add a Roommate

If you want to add a roommate, sublet, or report overcrowding, it's crucial to follow steps required by your lease and local ordinances. Most leases require landlord permission before adding new residents or sublets. Overcrowding complaints may be made to your local health officer or to the Maine Housing Authority.

Common Forms for Renters

Request to Add Occupant (Letter format)
Used to formally ask your landlord to approve a new roommate or family member. No specific state-issued form, but you should include the new occupant’s name, relationship, and desired move-in date. For guidance, visit Maine Office of the Attorney General - Renters Rights.
Maine Fair Housing Complaint Form
If you believe occupancy limits are being used in a discriminatory way (e.g. based on family status), file an official complaint using the Maine Human Rights Commission Housing Complaint Form. This is used to report violations of the Maine Human Rights Act.

Your municipal housing enforcement office may also provide complaint forms if you suspect code violations.

Who Oversees Landlord-Tenant Disputes in Maine?

The court system—specifically the Maine District Court Housing Division—handles disputes and eviction matters in rental housing cases.

For formal legislation, Maine uses the Maine Revised Statutes Title 14, Chapter 709: Tenancies^[1] to set out rights and responsibilities for both renters and landlords.

If you are ever unsure, review your lease for occupancy limits and check your local housing code. When in doubt, contact your local code enforcement office for guidance.

Frequently Asked Questions

Can my landlord limit how many people live in my apartment?
Yes, but only as allowed by your lease and by local or state codes. Limits must be reasonable and comply with minimum housing standards or anti-discrimination laws.
What happens if occupancy limits are exceeded?
If too many people live in a unit, you may receive a notice of violation from code enforcement or your landlord, which could lead to eviction if not resolved.
Is it illegal for families with children to be refused rental based on size?
No, landlords cannot discriminate against families with children when occupancy is within reasonable local and state codes, according to the Maine Human Rights Act and federal Fair Housing laws.
Where can I report unsafe overcrowding?
Contact your local code enforcement office or the Maine State Housing Authority to file a complaint about potential housing code violations.
Are guests included in occupancy limits?
Short-term guests are generally not counted, but anyone staying beyond what is considered "temporary" (usually defined in your lease, such as over two weeks) may be considered an occupant.

Conclusion: Key Takeaways for Maine Renters

Know your occupancy rights—check both your lease and local code.
Overcrowding can trigger legal action. Follow proper steps to add roommates or report violations.
State and federal law protect you against unreasonable restrictions or discrimination.

Staying informed about occupancy rules helps you create a safe, legal, and supportive home environment.

Need Help? Resources for Renters

Maine Attorney General: Renters Rights – Information about leases, occupancy, and tenant protections.
Maine Human Rights Commission Housing Complaint – File a discrimination complaint.
MaineHousing – Housing resources, grants, and programs.
Maine District Court Housing Division – Official court help for landlord-tenant matters.

Maine Revised Statutes Title 14, Chapter 709: Tenancies
Maine State Sanitary Code – Housing: Maine Environmental & Life Safety Codes
U.S. Department of Housing and Urban Development: Occupancy Standards Guidance