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  1. #1

    Default Do Children Count Toward Maximum Occupancy

    My question involves landlord-tenant law in the State of: California

    I have a 5 guest minimum for my short-term (transient occupancy) vacation rental home with 3 bedrooms and 3 beds (1 king, 2 queens). If a prospective guest party has 3 adults and 3 children can I deny them? I don't know if children count as guests. Is my 5 guest minimum even legal? I've heard that having an occupancy limit of less than 2 per room + 1 may be considered intent to discriminate against children, but maybe that is for long-term occupancy

  2. #2
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    Default Re: Do Children Count As Accupants

    Quote Quoting Man_V_Wild
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    My question involves landlord-tenant law in the State of: California

    I have a 5 guest minimum for my rental home. If a prospective guest party has 3 adults and 3 children can I deny them? I don't know if children count as guests.
    I'm no expert, but a human child would be considered a guest in most non-familial get-togethers.

    YMMV.

  3. #3

    Default Re: Do Children Count As Accupants

    Quote Quoting Dogmatique
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    I'm no expert, but a human child would be considered a guest in most non-familial get-togethers.

    YMMV.
    Thank you for your firm grip on the obvious. My question was a LEGAL question (very different).

  4. #4
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    Default Re: Do Children Count As Accupants

    Quote Quoting Man_V_Wild
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    Thank you for your firm grip on the obvious. My question was a LEGAL question (very different).
    I think you mean a 5 guest MAXIMUM.

    If you advertise specifying a 5 guest (or occupant) MAXIMUM and state in the ad that any combination of adults and children up to 5 is OK then you aren't discriminating against families with children and there's no legal issue.

    You're just putting a capacity limit on the rental and you don't have to address the definition of guest or occupant.

    However, with a King bed and two Queen beds the math doesn't add up. Each bed can hold two, that totals 6, so why should you care how 6 people distribute themselves as long as you are getting enough money and security deposit for the place.

    I think you are being a little shortsighted with an odd number limit. What if you get three adult couples or one couple with 4 children? Are you going to turn them away and watch all that money go down the road to somebody else's place?

  5. #5
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    Default Re: Do Children Count As Accupants

    Quote Quoting Man_V_Wild
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    Thank you for your firm grip on the obvious. My question was a LEGAL question (very different).
    You're very welcome indeed. I aim to please.

  6. #6
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    Default Re: Do Children Count As Accupants

    Quote Quoting adjusterjack
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    I think you mean a 5 guest MAXIMUM.

    If you advertise specifying a 5 guest (or occupant) MAXIMUM and state in the ad that any combination of adults and children up to 5 is OK then you aren't discriminating against families with children and there's no legal issue.

    You're just putting a capacity limit on the rental and you don't have to address the definition of guest or occupant.

    However, with a King bed and two Queen beds the math doesn't add up. Each bed can hold two, that totals 6, so why should you care how 6 people distribute themselves as long as you are getting enough money and security deposit for the place.

    I think you are being a little shortsighted with an odd number limit. What if you get three adult couples or one couple with 4 children? Are you going to turn them away and watch all that money go down the road to somebody else's place?
    I agree that a 5 guest maximum makes absolutely no sense when you have a unit with three bedrooms that clearly will sleep 6 adults. Most would call that at least a 6 person maximum, if not an 8.

  7. #7

    Default Re: Do Children Count As Accupants

    Yes. Maximum.

    My reasoning for having a 5 guest limit is because my house is small and there's only 2 bathrooms. I personally would feel very cramped with 6 people living here. This is also an upscale neighborhood. This isn't North Hollywood where they cram 20 people in a 1,600 square foot home.

    Also the more people the more wear and tear.

    Also I am not trying to have my place constantly booked. I would be happy to rent 1 month out of the year. If I scare some guests off then that's OK.

    The less children the better. I hear a lot of horror stories of kids leaving damage... dragging greasy hands along the walls, bending furnace grills, you name it.

  8. #8
    Join Date
    Jan 2010
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    Default Re: Do Children Count As Accupants

    Quote Quoting Man_V_Wild
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    Yes. Maximum.

    My reasoning for having a 5 guest limit is because my house is small and there's only 2 bathrooms. I personally would feel very cramped with 6 people living here. This is also an upscale neighborhood. This isn't North Hollywood where they cram 20 people in a 1,600 square foot home.
    Well you wouldn't be there at all so you shouldn't feel cramped.

    If you're worried that the renter will feel cramped, then they don't have to rent from you and they can find another place to stay.

    Quote Quoting Man_V_Wild
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    Also the more people the more wear and tear.
    Now you're just making up excuses. One person isn't going to make any difference at all.

    If you were to say 5 people as compared to 12 people, then you would be correct.

    Quote Quoting Man_V_Wild
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    Also I am not trying to have my place constantly booked. I would be happy to rent 1 month out of the year. If I scare some guests off then that's OK.

    The less children the better. I hear a lot of horror stories of kids leaving damage... dragging greasy hands along the walls, bending furnace grills, you name it.
    I hear of more adults leaving behind damage then kids would, especially if the adults are heavy drinkers, smokers or illegal drug users.

  9. #9

    Default Re: Do Children Count As Accupants

    You're definitely not in the vacation rental home business.

    I don't want people to rent and then change their mind and try to get out of the contract or write a less than perfect review. People have buyer's remorse all the time. I'm HELPING them by restricting over occupancy.

    Kids definitely leave more damage. I don't allow smoking.

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