Washington Renters' Guide to Occupancy Limits & Overcrowding

Understanding occupancy limits and overcrowding rules is essential for Washington renters, especially if you share your home with roommates or family. These legal limits help ensure safety and good living conditions in shared housing. Let’s explore your rights, the current laws, and how you can take action if you face overcrowding or occupancy disputes.

What Are Occupancy Limits in Washington State?

Occupancy limits control the number of people who can legally live in a rental unit. They are typically based on health, safety, and building standards to prevent overcrowding. Washington follows international building code guidelines along with state and local rules.

• Most cities and counties in Washington use the guideline: no more than two people per legal sleeping room (bedroom) plus one additional person in the unit. This is sometimes summarized as "2 + 1."
• Local building departments may have stricter rules. Always check with your local housing or code enforcement office for specific requirements in Seattle, Spokane, Tacoma, and other cities.

Washington's main state law governing landlord-tenant relationships is the Residential Landlord-Tenant Act (RCW 59.18)¹. While the Act itself doesn't set occupancy numbers, landlords must follow local occupancy standards and fair housing rules.

Overcrowding Laws and Health Codes

Overcrowding is living with too many people in too small a space, which can violate local health and building codes. Overcrowding can:

• Cause health and safety issues (fire risk, air quality, etc.)
• Lead to landlord notices or even code enforcement action

Washington law prohibits retaliation against tenants for requesting repairs or reporting code violations, including overcrowding issues¹.

Roommates, Subletting, and Shared Housing Rules

Roommates and subletters count toward the occupancy limit. If adding someone new, notify your landlord if your lease requires prior approval.

• Leases often limit the number of residents or require landlord consent for extra occupants or subletting.
• If you exceed the allowed number, your landlord may issue a warning or a notice to comply or vacate.

Notices, Official Forms, and What to Expect

If you are over the legal occupancy limit, your landlord can serve a written notice, usually a 10-Day Notice to Comply or Vacate. This is a form landlords use to officially tell tenants to resolve a lease violation, such as unauthorized occupants or overcrowding.

• Form Name: 10-Day Notice to Comply or Vacate
• When Used: If your household exceeds occupancy limits, or a lease term is violated, the landlord gives you 10 days to fix the problem or move out.
• Practical Example: You take in an extra roommate without landlord approval. Your landlord issues the notice; you either remove the extra occupant or risk ending your lease.
• Washington State Court 10-Day Notice to Comply or Vacate (official form)

If you disagree with the notice or believe you are within legal limits, contact your local housing authority or code enforcement office. You can also seek a hearing with your local court if the issue is not resolved.

Where to Resolve Tenancy Disputes

In Washington, eviction and compliance disputes are generally handled by your local District or Superior Court in the county where you live. For Seattle, the Seattle Department of Construction & Inspections (SDCI) also investigates occupancy code violations.

How to Respond to an Occupancy-Related Notice

Receiving a legal notice about occupancy may feel stressful, but Washington law gives you a fair chance to respond. Here’s what you can do:

• Review the 10-Day Notice carefully—see which rule or code was allegedly broken.
• Decide whether to remove the extra occupant or challenge the notice.
• Contact your city or county's housing/code enforcement office if you believe the landlord’s actions are not justified.

For more details about your rights and steps to take, review RCW 59.18, Residential Landlord-Tenant Act and your local housing authority’s guidelines.

Frequently Asked Questions

1. What is the maximum number of people that can live in my Washington rental?
   Most local codes follow the "2 plus 1" rule: two people per bedroom, plus one extra for the unit (for example, 3 people in a one-bedroom, 5 in a two-bedroom), unless your lease or building rules state otherwise.
2. Can I add a roommate without landlord approval?
   You usually need landlord approval unless your lease says otherwise. Adding people may affect occupancy limits and could violate your lease if done without consent.
3. What notice must my landlord give if there are too many occupants?
   The landlord must give a 10-Day Notice to Comply or Vacate, giving you a chance to resolve the issue before further action.
4. Where can I file a complaint about overcrowding or unsafe conditions?
   Contact your city or county code enforcement office. In larger cities like Seattle, use the SDCI online portal to report housing and occupancy issues.
5. Can I be evicted for overcrowding even if everyone is family?
   Yes, occupancy limits apply regardless of relationships. However, fair housing laws protect against discrimination based on family status, so limits must be enforced consistently.

Summary: Key Takeaways for Washington Renters

• Washington occupancy limits depend on local codes and are there to protect health and safety.
• Adding roommates or subletters may require landlord approval and must not break occupancy rules.
• If facing a notice, use official forms and contact local authorities or courts for guidance.

Consult official state and city resources to stay updated and make informed decisions about shared housing in Washington.

Need Help? Resources for Renters

• Washington Courts (reports, hearings, and eviction help)
• Washington Attorney General – Landlord-Tenant Information
• Seattle SDCI Tenant and Landlord Resources
• HUD: Renting in Washington State
• Washington Law Help (free tenant legal info)

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1. Residential Landlord-Tenant Act (RCW 59.18) – State of Washington
2. Official 10-Day Notice to Comply or Vacate Form
3. Seattle Department of Construction & Inspections: Tenant-Landlord Info

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