Missouri Renters: Understanding Occupancy Limits & Overcrowding Laws

Renting a home or apartment in Missouri with roommates or family members can be a great way to share costs and build community. However, Missouri has specific occupancy limits and overcrowding laws that can impact your rights as a renter—especially if you’re living in shared housing or thinking about subletting. Understanding these laws will help you stay compliant, avoid fines, and maintain a safe living environment.

What Are Occupancy Limits and Why Do They Matter?

Occupancy limits set the maximum number of people allowed to live in a rental unit. These limits are usually designed to protect the health and safety of occupants by preventing overcrowding, which can cause safety hazards and public health issues. In Missouri, occupancy standards are established by city or county building codes, housing authorities, and referenced in the federal Housing Quality Standards (HQS).

It’s important to review both your local area’s rules and your lease, as occupancy standards may differ for each city or complex.

Missouri State Occupancy Limits: Key Rules

While Missouri does not have a statewide residential occupancy law, most municipalities follow these general guidelines based on the U.S. Department of Housing and Urban Development (HUD):

• No more than two people per bedroom, plus one additional occupant in the unit ("2+1 rule").
• Local ordinances may set stricter limits—always check your city, such as St. Louis City housing codes or Kansas City occupancy ordinances.
• Some areas base limits on square footage: Each sleeping room must provide at least 70 square feet for one person, and 50 additional square feet for each additional person.

How Are Occupancy Limits Enforced?

Enforcement is typically handled by your local housing department or building code enforcement agency. Violating occupancy limits can result in:

• Notices from your landlord or property manager
• Possible eviction proceedings for non-compliance
• Fines for both tenants and landlords, depending on the local law

Overcrowding: What Counts in Missouri?

Overcrowding occurs when more people live in a unit than the law allows. This usually means exceeding official occupancy limits or your lease agreement’s terms. Landlords may issue a written notice if they believe you are over-occupying the unit, which can lead to legal action if left unresolved.

If you receive an overcrowding notice, act quickly—communicate with your landlord or local housing agency to clarify or resolve the issue.

Relevant Forms for Addressing Occupancy & Overcrowding Issues

• Complaint Form – City Housing Department: If you believe you have been unfairly accused of overcrowding or unsafe conditions, contact your local housing or building department. For example, St. Louis Housing Conservation Complaint Form can be used to request an inspection or investigation.
  Example: If your rental unit is cited for too many occupants but has adequate space as per code, submitting this form can trigger a formal review.
• Notice to Vacate (Landlord’s Form): If overcrowding is not resolved, landlords may issue a "Notice to Vacate." This form starts the legal eviction process. If you receive one, review the details and contact the Missouri Judiciary (courts) for next steps and tenant rights.
• Rental Inspection Checklist: Some cities require move-in inspections. In Kansas City, you can use the Rental Ready Inspection Checklist to ensure your living area meets current standards. This can help demonstrate your unit is not overcrowded.

What Legislation Applies?

In Missouri, the primary law governing landlord-tenant relationships is the Missouri Revised Statutes Chapter 441 – Landlord and Tenant, as well as relevant local property maintenance codes. The state does not have a stand-alone rental housing board, but disputes are handled by the Missouri Judiciary – Circuit Courts.

Steps to Take if You Receive an Overcrowding Notice

If you receive a notice or have an occupancy dispute, here’s what you should do:

• Read the notice carefully to understand the alleged violation.
• Check your lease and local occupancy codes for the correct limits.
• Contact your landlord or property manager to discuss the issue.
• If you believe the notice is incorrect, file a complaint with your city’s housing department using the appropriate form.
• If legal action is started, seek support from local legal aid services or consult the Missouri courts website for guidance.

Taking these steps can help you protect your rights while complying with the law.

FAQ: Missouri Roommates, Subletting & Shared Housing

1. How many people can legally live in an apartment or rental unit in Missouri?
   Most cities follow HUD's "2+1" rule (two people per bedroom, plus one), but always check your local housing code for stricter limits.
2. Can my landlord evict me for having too many people living in the unit?
   Yes, if you violate occupancy limits or your lease, your landlord may start the eviction process. You should address any violations as soon as possible.
3. What should I do if I get an overcrowding notice?
   Read the notice, verify occupancy rules, and communicate with your landlord. If you disagree, contact your local housing department to dispute it.
4. Where can I file a complaint if I believe my landlord is misapplying occupancy rules?
   Most cities have a housing or building department where you can file a complaint, such as the St. Louis Housing Conservation Office.
5. Is there a statewide tenant board in Missouri for disputes?
   No, Missouri resolves landlord-tenant disputes in Circuit Courts. Find more information on the Missouri Judiciary website.

Need Help? Resources for Renters

• Missouri Judiciary – Circuit Courts (handles rental disputes and eviction cases)
• Missouri Attorney General – Landlord-Tenant Law Overview
• St. Louis City Housing Conservation Office
• Kansas City Neighborhoods and Housing Services – Housing Policy
• Legal Aid of Western Missouri

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1. Missouri Revised Statutes, Chapter 441 – Landlord and Tenant
2. Federal Housing Quality Standards (24 CFR Part 35)
3. Missouri Judiciary – Circuit Courts

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