Landlord and Tenant Rights in Iowa: Maximum Number of Residents
Rental properties in Iowa have legal occupancy limits that set the maximum number of residents who can live in any one rental unit. The occupancy limit helps improve tenants' health, safety and comfort. It also reduces traffic and noise in the area. Having more tenants than allowed in a rental unit can lead to significant consequences.
Zoning
The local housing authority, such as the city, divides an area into various zones. For example, residential areas may be categorized into low density, medium density or high density. The housing authority determines the maximum number of residents based on the zone a particular rental unit is in. For example, a rental unit in a low density residential zone may only house one family while a similar rental unit in a high density residential zone may house two families.
Finding out the Maximum Occupancy
The state of Iowa does not set a statewide standard for the maximum number of residents in a rental unit. Instead, each local authority establishes its own standards. As such, you should contact your local authority for advice on determining the number of residents allowed in your rental unit. Iowa City website has a list of rental units with details on their occupancy limits, but other local authorities may not have this information online.
Disclosure
Before a tenant takes over a rental unit, an Iowa landlord has to disclose the maximum number of residents allowed to stay in the unit. The local authority determines how the landlord has to do this. Iowa City landlords have to provide this information in the Information Disclosure and Acknowledgement Form. In other areas, such as Johnson County, the landlord may have to include the maximum occupancy in the lease agreement.
Compliance
If a rental unit is occupied by more people than allowed by the legal limit, the local housing authority may impose penalties, such as fines or evictions. A landlord has no right to allow more tenants than legally allowed to stay in the rental unit. If a landlord knowingly lets his tenants bring in more people into the rental unit than the legal limit, he would be breaking the law.
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