Urbana — Ch. 12.5 Landlord-Tenant Relationships § 12.5-40
Occupancy of rental units
Operative Text
Occupancy of residential rental properties shall be restricted and monitored as herein set out. (a) Every owner of a rental unit subject to this article, shall inform the tenants, before entering into a rental agreement, that no more than one (1) household (as defined in Section II-3 of the Urbana Zoning Ordinance) and three (3) additional unrelated persons (as set forth in Section V-11 of the Urbana Zoning Ordinance) may legally occupy the rental unit and shall: (1) Execute a rental agreement addendum, consistent with the form and content to be provided by the city, clearly stating the legal occupancy limit for the rental unit, the owner's agreement that the rental unit has not been offered to be occupied by more than the legal occupancy limit, and the tenants' agreement to allow no more than the occupancy limit to occupy the rental unit. The addendum shall be signed by the owner or owner's agent and all tenants who will occupy the rental unit; (2) Include as part of the rental agreement addendum the relationships of any tenants to each other, excluding children if the number of tenants excluding children exceeds four (4); and (3) Provide a copy of the rental agreement addendum to the building official, upon request. (b) If the city provides the owner with evidence of over-occupancy of a unit, the owner shall take all necessary actions to reduce occupancy to the legally allowed limit, including eviction. Failure to remedy over-occupancy shall be considered a willful act and a violation of this article. (c) Rental units consisting of the following dwelling unit types: Single-family extended group occupancy, duplex extended group occupancy, community living facility, dormitory, hotel or motel, nursing home and bed and breakfast (as defined in Section II-3 of the Urbana Zoning Ordinance), shall be occupied by no more than the maximum occupancy limit specified on the certificate of occupancy, as determined by the building official. (d) Rental units consisting of a boarding house or rooming house (as defined in Section II-3 of the Urbana Zoning Ordinance), shall be occupied at any given time by no more than fifteen (15) persons, related or unrelated, or fewer as specified in the certificate of occupancy, as determined by the building official. Properties so designated shall be leased on a per person basis. (e) The above requirements shall not limit the owner from restricting occupancy to a lesser level than that defined above.
Urbana Ch. 12.5 § 12.5-40 establishes occupancy limits for residential rental units, generally capping occupancy at one household plus three additional unrelated persons, with different caps applying to specialized dwelling types such as boarding houses, dormitories, and bed-and-breakfasts. Owners are required to document these limits in a signed rental agreement addendum before tenancy begins, and the city may compel owners to reduce occupancy—including through eviction—if evidence of over-occupancy is presented. The rule also makes clear that owners may set stricter occupancy limits than the legal maximum, but not looser ones.
Plain English — not legal advice.
Under Urbana Ch. 12.5 § 12.5-40, compliant property owners obtain and execute the city-provided rental agreement addendum with every tenant before the lease begins, clearly stating the legal occupancy limit and documenting the relationships among occupants. Owners of specialized unit types—such as rooming houses, dormitories, or bed-and-breakfasts—verify that occupancy does not exceed the limit on the certificate of occupancy as determined by the building official. When the city presents evidence of over-occupancy, operators who take prompt corrective action, up to and including eviction, avoid having the violation characterized as a willful act under this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Urbana Ch. 12.5 § 12.5-40 entitles tenants to receive clear written disclosure of the legal occupancy limit for their unit before signing a rental agreement, through a city-approved addendum that both the owner and all tenants sign. Tenants should be aware that agreeing to the addendum includes a commitment not to allow occupancy beyond the stated limit, and that the city may investigate and act on evidence of over-occupancy. Tenants who have questions about how occupancy limits apply to their household, or who believe a landlord has not complied with the addendum requirement, may contact the Urbana city offices or a local tenant-rights organization for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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