Q: I have a client who is preparing to rent out an ADU located within their owner-occupied home. It is a small, one-bedroom unit intended for one occupant. The landlord has expressed a preference to rent the unit to a single individual rather than two occupants. Before advertising the property, I wanted to confirm what, if anything, we are legally permitted to state regarding occupancy.
A: If there is no lawful restriction establishing a maximum occupancy of one, you should leave the landlord’s one-person preference out of the listing entirely. Describe the property rather than the desired tenant:
“One-bedroom accessory dwelling unit located within owner-occupied residence.”
You could then accurately describe its square footage, bedroom size, parking, utilities, private/shared entrance, laundry, etc.
If the municipality/building department has established one person as the lawful occupancy limit, the situation is different. In that case, it is recommended to use language tied specifically to the governmental restriction rather than the landlord’s preference, such as:
“Maximum occupancy: 1 person, pursuant to applicable occupancy/building requirements.”
Before using that language, however, require evidence of that ruling in writing from your client.