Cana a den be considered to be a bedroom?

I have a rental property in a condo building. The unit has 2 bedroom and 1 den. The condo allows 4 people living in the unit. My tenants currently have 5 people living in the unit; 1 is a little baby. Is a baby considered a “people”? I talked to my tenant about that. He thinks it is legal to put 5 people in the unit because 1 of the rooms is a den, so it can be counted as a bedroom. The village allows 2 people per bedroom. Can a den can be a bedroom? Can my tenants put 5 people there?

Asked on November 12, 2012 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The terms of the purchase of the property - along with the prospectus, the certificate of occupancy and local zoning ordinances - will govern the answers to these questions.  It is difficult in this forum to provide any guidance with out reading these documents.  Now, whether or not the tenant thinks it is legal to put some one in the den as a bedroom has nothing at all to do with your violation of the condo rules, if they are as you say they are.  Having a baby while occupying a rental can be a plus for you and the renters but ultimately they may have to move.  Seek legal help.  Good luck.

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