Landlord Question and Answer Forum

i rented a 1 bedroom,bath,kitchen and living room to a nice woman who has partial custody of her 11 year old daughter. Does the child have to have her own bedroom by Indiana law? i can find nothing that says yes or no

The general rule in Indiana for apartment occupancy limits is two people per bedroom. This means that if you reside in an apartment that has two bedrooms, the apartment may house four adult occupants. Important distinctions exist between different jurisdictions or municipalities concerning these limitations. These different jurisdictions maintain their own housing offices or related entities that can provide specific information for that area. The city of Fort Collins presents one case study for examining jurisdictional differences. The city follows what it calls a "U plus 2" law for residential occupancy. It states that occupancy be limited to either one family -- related by blood, marriage or adoption -- plus one other person, or by two adults, their offspring and one other person. Common examples of "one other person" include nannies, caregivers or exchange students. Fort Collins bans certain other combinations explicitly, including two couples, two brothers and their two friends, or a family with both a live-in care provider and an exchange student. Each minicipality may have different requirements and it may be important to contact your local municipal office to see if there are any limitations. In some cases, a property owner may have the authority or privilege to alter the occupancy limit in a rental unit such as an apartment. However, according to the Indiana Civil Rights Commission (ICRC) citation of Indiana law, "a landlord shall NOT impose unreasonable occupancy limits on rental units... two people per bedroom is considered reasonable, but is dependent on unit." The ICRC also states that this may have the "effect of excluding families with children." Always make sure that the lease clearly states the property owner's occupancy limit. Contact the ICRC if you sense any form of discrimination towards children, minorities, ethnicities or other demographics. hatever rule you adopt regarding occupancy MUST be across the board and not on a case by case basis so as not to go against any Fair Housing regulations.

Posted by Donna , NC on Tuesday, November 8, 2011