Virginia Occupancy Limits: Roommate and Overcrowding Rules

If you rent or share a home in Virginia, it’s important to understand the state’s legal limits on how many people can live in a unit. These occupancy limits are designed to keep rental homes safe, comfortable, and compliant with local and state laws. Whether you’re planning to take in a roommate or already live in shared housing, knowing these rules helps you avoid potential disputes with your landlord or local officials.

Understanding Occupancy Limits in Virginia Rentals

Virginia sets occupancy limits to make sure rental homes are not overcrowded. These rules help protect the health and safety of tenants. The main law governing rental occupancy, including shared housing and subletting, can be found in the Virginia Residential Landlord and Tenant Act (VRLTA).^[1]

What Are the Legal Occupancy Standards?

• Two persons per bedroom: Virginia law generally follows the guideline of two people per legal bedroom, plus one additional occupant. So a two-bedroom apartment could legally house up to five people.
• Local codes may be stricter: Always check with your city or county housing office for more detailed occupancy rules. Some cities may have stricter guidelines based on square footage or family status.

Refer to Virginia Department of Health Environmental Housing Programs for how space and occupancy rules are enforced at the local level.

What Is Considered Overcrowding?

Overcrowding happens when more people are living in a unit than the legal limit or when the space is insufficient per person, based on square footage or room count. Overcrowding can lead to:

• Safety hazards (blocked exits, insufficient smoke alarms)
• Higher risk of illness and pests
• Lease violations or eviction notices

Roommates, Subletting, and Shared Housing Rules

Virginia law allows roommates and shared housing, but landlords can set reasonable requirements about how many people can live in a unit, as long as rules are not discriminatory. Always check your written lease to see if it sets stricter occupancy limits or requires landlord approval for new roommates or subtenants.

• Subletting is only allowed if your lease permits it or you have the landlord’s written consent.
• Your landlord cannot refuse a qualified family member or dependent due to occupancy limits, but they can enforce overall limits for health and safety.

Relevant Official Forms

• Notice of Lease Violation (Form unknown): Landlords may issue this if they believe you have exceeded occupancy limits. If you receive such a notice, review the reason and either correct the violation or respond if you believe you are within your rights. There is no standard statewide form—check with your local city housing department or your landlord for their official template.
• VRLTA Complaint/Inquiry Form: Tenants can use the Common Interest Community Board Complaint Form to report housing violations, including disputes over occupancy. For example, if you believe your landlord is incorrectly enforcing occupancy limits, you can file this form with the Virginia Department of Professional and Occupational Regulation (DPOR).

What Happens If You Exceed Occupancy Limits?

Landlords can issue a written notice if they believe you are over the limit. You may be given the chance to resolve the issue (such as by reducing the number of occupants). In some cases, continued violation could lead to termination of your lease or eviction proceedings. If you disagree, you may file a complaint with a relevant board or seek mediation.

Enforcing Occupancy Rules: Where to Turn

In Virginia, tenant-landlord disputes—including those on occupancy—can be handled by the Virginia General District Court, which hears housing cases. For formal complaints about discrimination or unsafe conditions, you may contact the Common Interest Community Board or the Virginia Department of Housing and Community Development.

Frequently Asked Questions

1. How many people can legally live in a two-bedroom apartment in Virginia?
   Typically, five people (two per bedroom plus one additional). Check local codes for exceptions.
2. Can my landlord evict me for having too many roommates?
   Yes, if you exceed local or lease occupancy limits. You have the right to address the issue before facing eviction.
3. Is my landlord allowed to screen new roommates?
   Yes, landlords can require screening and written approval for added roommates, as long as it is applied fairly.
4. Where can I file a complaint if my landlord wrongly accuses me of overcrowding?
   You can submit a complaint with DPOR or contact your local General District Court.
5. Are children counted in occupancy limits?
   Yes, children are typically included, but occupancy policies cannot discriminate based on family status under federal and Virginia fair housing laws.

Key Takeaways for Virginia Renters

• Virginia usually allows two people per bedroom, plus one, unless stricter local rules apply.
• Roommates are allowed, but check your lease and always inform your landlord when adding occupants.
• Landlords must follow the Virginia Residential Landlord and Tenant Act and local codes.

Always put occupancy requests and communications in writing to protect your rights as a renter.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development – Statewide renter resources, housing codes, and tenant rights programs.
• Common Interest Community Board (DPOR) – Fill out the Complaint/Inquiry Form about occupancy or housing concerns.
• Virginia General District Court – Handles most landlord-tenant disputes, including evictions and occupancy violations.
• Virginia Housing Counseling Agencies – No-cost counseling and local renter support.

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1. For full legislation details, see the Virginia Residential Landlord and Tenant Act.
2. Find city and county housing codes via the Virginia Department of Health – Environmental Housing Programs.
3. Official DPOR complaint forms and information: Common Interest Community Board Complaint Form.

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