Utah Renters Guide: Occupancy Limits and Overcrowding Laws

Understanding how many people can legally live in a rental in Utah is important for any renter sharing with roommates or subletting a space. Utah law sets limits on how many occupants are allowed in a dwelling, and both landlords and tenants must follow these rules to ensure everyone’s safety and legal compliance.

What Are Occupancy Limits in Utah?

Occupancy limits are state or local rules that cap the number of people who can live in a rental property. These rules exist mainly to protect health and safety, prevent overcrowding, and maintain quality of life for tenants and neighbors.

• Utah does not have a statewide maximum occupancy law for residential rentals. Instead, local cities and counties set their own occupancy or zoning regulations.
• Most local laws follow the "two plus one" formula: Two occupants per bedroom, plus one additional person per dwelling.
• Utah building and fire codes require sufficient space and safe exits for all occupants.

City ordinances in areas like Salt Lake City or Provo may set stricter limits. Always check your local government’s housing page to confirm rules for your address.

How Is Overcrowding Defined?

Overcrowding generally means having more people living in a rental than the legal occupancy limits allow. Exceeding these limits can violate city codes and may threaten your tenancy.

• City inspectors may count beds and residents, or look at how rooms are used.
• Many cities also restrict converting living rooms or basements into sleeping areas unless these spaces meet fire and building code standards.
• Violations may result in fines, orders to reduce the number of residents, or even eviction if the situation isn’t corrected.

Practical Example: Salt Lake City

According to Salt Lake City Code 21A.36.020, no more than three unrelated individuals may live together in a single-family dwelling in most zones, regardless of the number of bedrooms, unless the household meets the definition of a family.

Renter Rights and Responsibilities

As a renter sharing a home or subletting, you are still responsible for following occupancy limits and safety rules. Your landlord also has a legal duty to rent only to the allowed number of people.

• Overcrowding violations could result in lease termination or eviction under Utah law.
• Your landlord cannot enforce occupancy limits that are more restrictive than local law, except in cases related to safety or insurance.
• Fair Housing laws prevent discrimination against families with children, but "reasonable" occupancy restrictions are allowed.

Relevant Forms and How to Use Them

• Notice to Vacate (Utah Form 5-Day Notice to Vacate): Used by landlords when occupancy limits are violated. Landlords issue this before terminating a lease due to overcrowding.
  See the Utah Courts Eviction Forms page for the 5-Day Notice to Vacate and other forms.

How to respond: If you receive a notice, correct the occupancy issue or seek legal help before the notice expires. Responding quickly can help avoid eviction.

Who Handles Overcrowding and Tenant Disputes in Utah?

Utah does not have a state-level housing tribunal. For housing-related complaints, renters usually work with:

• Local city/county housing or code enforcement offices
• Civil matters (like eviction over occupancy): Utah State Courts – Landlord/Tenant Section

See Utah’s main legislation on renter rights: Utah Fit Premises Act.^[1]

How to Handle an Overcrowding Notice or Dispute

If you receive a warning or eviction notice because of occupancy, act quickly:

• Ask your landlord (in writing) for the specific regulation or code you are alleged to have violated.
• Contact your local city housing/code enforcement to confirm the actual occupancy limits for your address.
• If you disagree or need more time, you can try to negotiate with your landlord or seek legal advice from a renters’ advocacy group.
• Comply with any official city or court orders promptly to avoid further penalties.

Timely cooperation with both your landlord and local authorities gives you the best chance at resolving any issues without eviction.

FAQs: Utah Occupancy Limits and Shared Housing

1. How many people can share a bedroom in Utah rentals?
   Most cities allow two people per bedroom, plus one additional resident per home. Local city codes may limit unrelated adults further.
2. Can a landlord evict me for too many roommates?
   Yes, if you exceed the legal or lease occupancy limit, landlords can issue formal notices leading to eviction. They must follow Utah legal procedures.
3. Are children counted in occupancy limits?
   Yes, all people, including children and infants, are usually included in the count under occupancy and zoning rules.
4. What notice must I get before eviction for overcrowding?
   Your landlord must serve a written notice like a 5-Day Notice to Vacate before filing for eviction in court.
5. Where can I check the official occupancy limit for my address?
   Contact your city’s code enforcement or housing office, or ask your landlord to provide documentation.

Need Help? Resources for Renters

• Utah Courts – Landlord/Tenant (Eviction Help)
• Utah Department of Workforce Services – Housing & Community Development
• Salt Lake City Housing Programs
• Provo City Housing
• Utah Fit Premises Act (official legislation)

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1. Utah Fit Premises Act
2. Salt Lake City Housing Division – Rooming and Boarding Information
3. Utah State Courts – Landlord/Tenant Section

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