Legal Question in Landlord & Tenant Law in Washington

limit of people in 2 bedroom apt.

In WA the limit of people is 2+1 per bedroom which I believe means in a 2 bedroom apt the max is 5. But the apt complex I live in insists that the max is 9. This is what they emailed me: It is 2+1 per bedroom which would equal 3 per room. The living area in the state of Washington is considered another room all together which means that you can technically have 9 people living in a two bedroom residence.

2+1 per bedroom which would equal 3 per room.

What is correct? What can I do? I have a (loud, noisy) neighboring apt with 6+ people living in a 2 bedroom apt. Can nothing be done?


Asked on 12/15/07, 2:19 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: limit of people in 2 bedroom apt.

Washington landlord tenant law does not address capacity of units. It verges on discrimination based on famil composition. If you have a couple and their eight children in an apartment next door, there is no remedy at law for you because to evict them based on there being too many people for the space would be discriminatory.

Your thoughts about limits on the number of people living in one dwelling unit could be coming from a county or city ordinance, but it is not based on State law.

State law allows a landlord to know who is living in their premises, and to require that the tenant not have unreasonable numbers of overnight guests. Private rental contracts and state law read together can also require that tenants observe "quiet hours" and otherwise respect other tenants rights to peacable enjoyment of their homes.

If a tenant engages in drug related or gang type activity, you can ask the landlord to commence unlawful detainer proceedings, but please note that you have to be able to prove what you allege.

If you have loud noisy neighbors, you can tell your landlord in writing and ask to be moved to a new unit.

If that isn't appropriate for your situation, ask to have your lease terminated and move out.

You can always vote with your feet. You pay thousands of dollars a year for rent, and if the place is not satisfactory, you have the right to move to a quieter place with a landlord who takes tenant comfort more seriously. Check the RLTA for the notice provisions required.

Hope this helps. Elizabeth Powell

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Answered on 12/15/07, 11:21 am


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