Can a landlord limit overnight guests or roommates?
Short answer: Usually through the lease: many leases limit how long a guest can stay before becoming an occupant. State law rarely sets guest rules, but occupancy codes, fair-housing law (familial status) and a few state roommate laws limit what landlords can do.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Guests & occupants |
|---|---|
| Alabama | No statute — lease governs. Alabama law sets no guest-versus-tenant rule, state occupancy limit, or roommate right. The tenant must make guests on the premises behave so they do not disturb the neighbors, and the tenant is responsible for damage guests cause. Ala. Code §§ 35-9A-301(6)-(7), 35-9A-204(f) |
| Alaska | No guest-versus-tenant statute. The tenant may not allow more people to occupy the unit than allowed by applicable law, a covenant limiting the landlord's use of the property, or the rental agreement. The tenant is responsible for guests' conduct that disturbs neighbors. Where the lease requires the landlord's consent to sublet or assign, the tenant may propose a replacement occupant and the landlord may refuse only on listed reasonable grounds within 14 days. AS 34.03.120(a)(6), (10); AS 34.03.060 |
| Arizona | No statute — lease governs. Arizona's landlord-tenant act sets no guest-versus-tenant rule, occupancy limit or roommate right. Tenants are responsible for damage and conduct of people on the premises with their consent. A.R.S. § 33-1341 |
| Arkansas | No statute — lease governs. Arkansas sets no guest-versus-tenant rule, state occupancy limit or roommate right. The tenant must make people on the premises with the tenant's permission behave so as not to disturb other tenants, and is responsible if they damage the premises. Ark. Code Ann. § 18-17-601(6)-(8) |
| California | No statute — lease governs. California has no statewide guest-versus-tenant rule or roommate statute for private rentals. The tenant is responsible for damage caused by the tenant's guests or licensees. Cal. Civ. Code § 1950.5(b)(2) |
| Colorado | No statute — lease governs for most rentals. Colorado's landlord-tenant law sets no guest-versus-tenant rule, statewide occupancy limit or roommate right for ordinary rentals; tenants are responsible for damage caused by their guests and invitees. C.R.S. § 38-12-102(4) |
| Connecticut | No statute — lease governs. Connecticut sets no guest-versus-tenant rule, statewide occupancy limit or roommate right for private rentals. The tenant must require people on the premises with the tenant's consent to behave so as not to disturb neighbors or create a nuisance. Conn. Gen. Stat. § 47a-11(g) |
| Delaware | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. 25 Del. C. § 5512 |
| District of Columbia | No guest-versus-tenant statute — the lease governs guests and roommates. The Housing Code sets space-based occupancy standards: every bedroom must have at least 70 square feet, and a bedroom used by more than one person must have at least 50 square feet per occupant. D.C. Housing Code (14 DCMR), as summarized by the Department of Buildings |
| Florida | No statute — the lease governs guest limits, occupancy, and roommates. Chapter 83 defines 'transient occupancy' (temporary by intent of the parties) but does not set guest rules or a roommate right. Unauthorized occupants who are not tenants may be removed under the separate unlawful-occupant procedure in § 82.036. Fla. Stat. § 83.43(18); § 82.036 |
| Georgia | No statute — the lease governs guests, occupancy, and roommates. Whether a person is a tenant or only a guest depends on the agreement and the parties' conduct (e.g., paying rent, primary residence, belongings, length of stay). Leases commonly include house rules on guests. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 3, 9 |
| Hawaii | No statute — the lease governs guests, occupancy limits, and roommates. The Code defines a dwelling unit as used by one person or by persons maintaining a common household, and the tenant may be bound by reasonable written rules the landlord can show are needed to protect the property and people. HRS §§ 521-8; 521-51(6), (8) |
| Idaho | No statute — the lease governs guests, occupants, and roommates. The Attorney General notes that a valid occupancy policy limiting the number of people per unit, based on health and safety standards, is a lawful basis for refusing an applicant. A separate limited procedure allows removal of unauthorized persons who are not tenants. Idaho AG, Landlord and Tenant Manual (July 2026), p. 2; Idaho Code § 6-310A |
| Illinois | No statute — the lease governs guests, occupancy, and roommates statewide; landlords may make reasonable rules and regulations. Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1 |
| Indiana | No guest statute — the lease governs guests and roommates. By statute, a landlord may refuse to rent based on a reasonable occupancy standard; a standard is presumed reasonable if it allows two people per bedroom, does not count infants under one year, and counts a den, library, finished basement, or loft that could reasonably be used for sleeping (unless codes prohibit). Kitchens, dining and living rooms, bathrooms, hallways, and closets need not be counted. IC 32-31-8-7 |
| Iowa | No statute — the lease and reasonable landlord rules govern guests, occupancy, and roommates. Tenants may not knowingly permit anyone to damage the premises and must not disturb neighbors' peaceful enjoyment. Iowa Code § 562A.17(6), (7) |
| Kansas | No statute — the lease governs guests, occupancy limits, and roommates. Tenants are responsible for damage and disturbances caused by anyone (or any animal) on the premises with their express or implied permission. K.S.A. 58-2555(f), (g) |
| Kentucky | No statute — the lease and reasonable landlord rules govern guests, occupancy, and roommates. In URLTA areas, tenants must require people on the premises with their consent to not disturb neighbors, and landlord rules on use and occupancy are enforceable only if they meet the statute's conditions (for example, a purpose of promoting tenants' convenience, safety, or welfare or protecting the property). KRS 383.605(7); KRS 383.610 |
| Louisiana | No statute on guests versus tenants or occupancy limits — the lease governs. Under the Civil Code, the lessee has the right to sublease and assign unless the lease expressly prohibits it. A lease clause prohibiting one of these is deemed to prohibit the others unless a contrary intent is expressed, and otherwise is construed strictly against the lessor. The lessee is responsible for damage caused by people on the premises with the lessee's consent. La. C.C. arts. 2713, 2692 |
| Maine | No statute — the lease governs guests, occupancy limits and roommates. Maine's landlord-tenant chapters don't address guest stays or roommate additions. Fair housing law bars discrimination against families with children. 14 M.R.S. ch. 710 (§§ 6021-6030-K checked); 14 M.R.S. § 6027 |
| Maryland | No statute — the lease governs guests, occupancy limits and roommates. Maryland's landlord-tenant title doesn't define guest versus tenant or give roommate rights. Fair housing law bars discrimination based on familial status and marital status. Md. Code, Real Prop. Title 8, Subtitles 1-4 (checked); State Gov't § 20-705 |
| Massachusetts | No statute on guests versus tenants or roommate rights — the lease governs. The State Sanitary Code sets occupancy limits: at least 150 square feet of habitable floor space for the first occupant and 100 square feet for each additional occupant. Each bedroom needs at least 70 square feet for one person, or 50 square feet per person if shared. 105 CMR 410.420(D); M.G.L. c. 186 and c. 239 (checked) |
| Michigan | No statute — the lease governs guests, occupancy limits and roommates. Michigan's landlord-tenant statutes don't define guests versus tenants or give roommate rights. MCL 554.139; MCL 554.601-554.616 (checked) |
| Minnesota | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. By statute, a landlord generally cannot evict or end a lease because of a tenant's, household member's or guest's conduct OFF the premises and curtilage, unless it is a crime of violence against another tenant, a guest, the landlord or staff, or results in a conviction for such a crime. Minn. Stat. § 504B.171, subd. 2a; ch. 504B (checked) |
| Mississippi | No statute — the lease governs guests, occupancy limits and roommates. The tenant must make guests on the premises behave so as not to disturb neighbors, and must not knowingly let others damage the premises. Miss. Code Ann. § 89-8-25(e)-(f); §§ 89-8-1 to 89-8-45 (checked) |
| Missouri | No statute — the lease governs guests, occupancy limits and roommates. Missouri's landlord-tenant chapters don't define guests versus tenants or give roommate rights. Separate expedited eviction procedures allow immediate removal of parties other than the tenant in certain cases involving criminal activity. RSMo ch. 441 and 535 (checked); RSMo 441.710-441.880 |
| Montana | No statute — lease governs. The tenant must require persons on the premises with the tenant's consent to behave so as not to disturb neighbors, and is responsible for damage by family, licensees, or invitees. Mont. Code Ann. §§ 70-24-321(1)(f), (2); 70-25-101(2) |
| Nebraska | No statute — lease governs. The tenant may not knowingly permit any person to damage the premises and must use the premises reasonably. Neb. Rev. Stat. § 76-1421 |
| Nevada | No statute — lease governs. Tenants are responsible for damage caused by household members and other persons on the premises with their consent. NRS 118A.110; NRS 118A.310 |
| New Hampshire | No statute — lease governs guests and occupancy. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. RSA 540-A:3, IX |
| New Jersey | No statute — lease governs guests and occupants. Leases may set conditions of occupancy and restrictions on subletting or assignment. N.J.S.A. 46:8-44 to -47 (Truth in Renting Act); lease |
| New Mexico | The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. NMSA 1978, §§ 47-8-15(E), 47-8-22(G) |
| New York | The 'Roommate Law': a landlord may not restrict occupancy to the tenant and immediate family. A sole tenant may live with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, total tenants plus occupants (excluding occupants' dependent children) may not exceed the number of tenants on the lease. The tenant or spouse must use the unit as a primary residence, and the tenant must tell the landlord an occupant's name within 30 days of move-in or of the landlord's request. Occupants gain no tenancy rights. Lease waivers are void. N.Y. Real Prop. Law § 235-f |
| North Carolina | No statute — lease governs guests and occupants. The tenant may not knowingly permit any person to damage the premises. N.C. Gen. Stat. § 42-43(a)(4) |
| North Dakota | No statute on guests vs. tenants, occupancy limits or roommate rights — the lease governs. Tenants must make persons on the premises with their consent behave so as not to disturb neighbors, and are liable for guest-caused damage. A landlord may not rent the same room as a dwelling to more than one family (double letting). N.D.C.C. §§ 47-16-13.2(6)-(7), 47-16-07.1(3)(a), 47-16-26 |
| Ohio | No statute — lease governs guests, roommates and occupancy limits. Tenants must require persons on the premises with their consent not to disturb neighbors, not to damage the premises, and not to violate drug laws. Ohio Rev. Code § 5321.05(A)(6), (8)-(9) |
| Oklahoma | A rental agreement may impose reasonable limits on use by a tenant or occupant. A landlord may demand in writing that an occupant who breaches a lease condition leave; an occupant who wrongfully fails to leave within a reasonable time commits trespass (fine up to $500 and/or up to 30 days in jail). An occupancy limit of two persons per bedroom is presumed reasonable, but does not apply to children born to the tenants during the lease. An occupant with no rental agreement whom the landlord has not accepted as a tenant may be told to leave without an eviction case. 41 O.S. §§ 117(B)-(C), 111(G) |
| Oregon | A landlord, tenant and proposed occupant may sign a written temporary occupancy agreement: the temporary occupant is not a tenant, the tenant may end it at any time, the landlord may end it only for a material violation, and the landlord may screen the occupant for conduct or criminal record but not credit or income. A temporary occupant who stays after the tenancy ends or after the tenant revokes permission is treated as a squatter. Any occupancy guideline a landlord adopts may not be more restrictive than two people per bedroom and must be reasonable considering bedroom size, unit size and discriminatory impact. ORS 90.275; ORS 90.262(3) |
| Pennsylvania | In tenement buildings and multiple dwelling premises (three or more households), tenants have a non-waivable right to invite social guests, family or visitors for a reasonable period of time, and business visitors, tradesmen and deliverymen, as long as tenant obligations are observed; the landlord may not charge any fee or extra rent for exercising these rights. Tenants must not let persons on the premises with their permission willfully damage the property or disturb other tenants. No statewide occupancy limit or roommate statute. 68 P.S. §§ 250.501-A, 250.503-A, 250.504-A |
| Rhode Island | No statute on guests vs. tenants or roommate rights — the lease governs. The state housing code sets minimum space standards that cap occupancy: at least 150 sq ft of habitable floor space for the first occupant and 130 sq ft for each additional occupant, and sleeping rooms need 70 sq ft for the first occupant and 50 sq ft for each additional one. Tenants must make persons on the premises with their consent not disturb neighbors. R.I. Gen. Laws §§ 45-24.3-11, 34-18-24(7) |
| South Carolina | No statute on guests vs. tenants or roommate rights — the lease governs. Owners and managers may adopt reasonable occupancy standards based on the number and size of bedrooms and overall unit size, as long as they do not violate local, state or federal limits. Tenants must not let persons on the premises with their permission damage the premises or disturb other tenants. S.C. Code §§ 31-21-70(L), 27-40-510(6)-(7) |
| South Dakota | No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. SDCL 43-32-8; ch. 43-32 checked |
| Tennessee | No statute — no statewide occupancy limit or guest rule; the lease governs. The tenant must require other persons on the premises with the tenant's or other occupants' consent to act so as not to disturb neighbors, and may not let anyone damage the premises. In URLTA counties, an unauthorized occupant who refuses to leave is grounds for termination on 3 days' written notice. T.C.A. § 66-28-401(4)-(5); § 66-28-517(a) |
| Texas | State occupancy cap: a landlord may not allow more adults (18+) to occupy a dwelling than three times the number of bedrooms, except where a fair housing law requires more, or for up to one month for an adult seeking sanctuary from family violence. Neighbors within 3,000 feet (or a government or civic association) may sue to enjoin violations and recover $500 per violation plus fees. No statute defines when a guest becomes a tenant or gives roommate/additional-occupant rights; the lease governs. Tex. Prop. Code Sec. 92.010 |
| Utah | No statewide occupancy limit. The renter may not increase the number of occupants above the number specified in the rental agreement without the owner's written permission. Otherwise guests are governed by the rental agreement; the renter may not knowingly permit anyone to damage the unit. Utah Code 57-22-5(1), (2) |
| Vermont | No statute — no statewide occupancy limit or guest rule; the lease governs. Vermont law allows a landlord to condition or prohibit subleasing in a written lease and to require written notice of any sublessee's name and contact information (without a written lease, the tenant must give that notice). The tenant must ensure persons on the premises with the tenant's consent do not disturb other tenants or damage the premises. 9 V.S.A. § 4456(b)-(c); § 4456b |
| Virginia | Statutory definitions: an 'authorized occupant' lives in the unit with the landlord's consent but has not signed the lease and has no tenant financial obligations; a 'guest or invitee' has the tenant's permission to visit but not to occupy. No statewide occupancy limit; the lease governs. The tenant is responsible for the conduct of persons on the premises with the tenant's consent. A landlord may bar a guest or invitee from the property by written notice personally served for conduct that violates the lease or law (copy to the tenant), and may seek a trespass warrant; the tenant may challenge the bar by a tenant's assertion in general district court. Va. Code § 55.1-1200; § 55.1-1227(A)(12); § 55.1-1246 |
| Washington | No statute on guest limits or occupancy caps — the state landlord-tenant act does not define when a guest becomes a tenant; the rental agreement governs, subject to local occupancy codes and fair-housing rules. The tenant must follow reasonable rules and may not let family members, invitees or others damage the premises. Remaining-occupant rule: when a tenant permanently leaves (other than because the landlord ended the tenancy), the landlord must serve any occupant who lived there with the tenant for at least the prior six months a notice to apply to join the rental agreement or vacate within 30 days; the landlord may apply its normal screening criteria. RCW 59.18.130(4); 59.18.140(1); 59.18.650(3) (ch. 59.18 checked) |
| West Virginia | No statute — no statewide occupancy limit or guest rule; the lease governs. The landlord's code-compliance and repair duties do not cover problems caused by a member of the tenant's family or other person on the premises with the tenant's consent. Since 2024, a 'squatter' (a person occupying a unit without a rental agreement and without the tenant's authorization) is not covered by the landlord-tenant article, and courts may not require eviction proceedings to remove one. W. Va. Code § 37-6-30(a)(2), (4); § 37-6-31 |
| Wisconsin | No statute — ch. 704 and ATCP 134 set no statewide occupancy limit and do not define when a guest becomes a tenant; the rental agreement governs, subject to local occupancy codes and fair-housing law (family status is protected under Wis. Stat. 106.50). Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (checked) |
| Wyoming | No statewide occupancy limit. The renter may not increase the number of occupants above the number specified in the rental agreement without the owner's written permission. Otherwise the lease governs guests; the owner need not repair damage caused by guests' misuse, and the renter must remove property left by guests before the tenancy ends. W.S. 1-21-1204(a)(v), (viii); 1-21-1203(c) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.