> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/beteiligte/weitere-einziehende-personen/uberbelegung.md). # Overcrowding This page gives you a detailed overview of the state-specific guideline figures for residential occupancy. ## Overcrowding **Checking residential occupancy** is the landlord's responsibility and serves to identify and avoid overcrowding in good time. Case law generally assumes that **about 8 to 10 m² of living space per person** should be available. Lower figures are usually assumed for children under 6, often with a guideline of **6 m² of living space**. What is decisive are the respective state law provisions of the **housing supervision acts**, which differ from federal state to federal state. * The check for overcrowding should always take place **before** a rental agreement is concluded and before agreeing to further people moving into an existing tenancy. * If overcrowding occurs during the tenancy, the competent authority has to be informed. If it does not take action, the landlord can, under certain conditions, give notice without notice or by ordinary termination, with ordinary termination often being the safer option in practice. * Using the apartment size you have stored and the total number of people moving in, Immodio automatically calculates whether overcrowding might exist and points this out in the rental agreement assistant. The final assessment of overcrowding remains the landlord's responsibility, however. * Immodio recommends always seeking professional legal advice in individual cases. {% hint style="info" %} Below you will find an overview of which federal states have specific rules on overcrowding. Please note that this list does not claim to be complete: {% endhint %}

Federal state	Act/rule	Content	Source
Baden-Württemberg	Not known	–	–
Bavaria	Case law	Case law: Bavarian Higher Regional Court 09/02/1994 (NJW 1994, 1662): guideline of 2 people per room; for each person over 6 years of age, living space of at least 10 m² is required.	–
Berlin	Section 7 WoAufG	Apartments may only be let or used if living space of at least 9 m² is available for each person, and at least 6 m² for each child up to six years of age. Individual rooms may only be let or used if living space of at least 6 m² is available for each person, at least 4 m² for each child up to six years of age, and ancillary rooms are available for shared use. If ancillary rooms are not available or clearly not sufficiently available, paragraph 1 applies accordingly.	Link
Brandenburg	not known	–	–
Bremen	Section 8 BremWAG	Residential space may only be let or used if living space of at least 9 m² is available for each resident, and at least 6 m² for each child up to six years of age. The living space is to be calculated in accordance with the Living Space Ordinance of 25 November 2003 (Federal Law Gazette I p. 2346) as amended.	Link
Hamburg	Section 7 HmbWoSchG	Apartments may only be let or used if living space of at least 10 m² is available for each person. The number of residents should not exceed the number of rooms over 6 m² of living space (excluding kitchen and bathroom) by more than one in apartments with up to two rooms, and by more than two in apartments with three or four rooms; in each apartment one room over 20 m² may be counted as two rooms. Individual rooms may only be let or used if living space of at least 8 m² is available for each person and ancillary rooms are available for shared use. If ancillary rooms are not sufficiently available, living space of at least 10 m² must be available for each person.	Link
Hesse	not known	–	–
Mecklenburg-West Pom.	not known	–	–
Lower Saxony	Section 2 NWoSchG	a) For residential space and accommodation for employees not covered by point b, overcrowding exists where living space of at least 10 m² is not available for each resident. The Living Space Ordinance (WoFlV) of 25/11/2003 applies accordingly, although, contrary to Section 2 (2) WoFlV, the floor areas named there are not counted. b) For communal accommodation within the meaning of the Workplaces Ordinance, overcrowding applies where the minimum usable areas provided for there are not available.	Link
North Rhine-Westphalia	Section 9 WAG NRW	Residential space may only be let or used if living space of at least 9 m² is available for each resident, and at least 6 m² for each child up to six years of age. The living space is to be calculated in accordance with the Living Space Ordinance of 25/11/2003.	Link
Rhineland-Palatinate	not known	–	–
Saarland	Section 9 WoAufG SL	Residential space may only be let or used if living space of at least 9 m² is available for each resident, and at least 6 m² for each child up to six years of age. The living space is to be calculated in accordance with the Living Space Ordinance.	Link
Saxony	not known	–	–
Saxony-Anhalt	Section 7 WoAufG LSA	Residential space may only be let and used by another person if living space of at least 6 m² is available for each resident up to the age of six and at least 9 m² for every other resident. The living space is to be calculated in accordance with the Living Space Ordinance.	Link
Schleswig-Holstein	Section 9 SHWoSchG	Apartments may generally only be let or used if living space of at least 10 m² is available for each person and at least 6 m² for each child up to six years of age. Individual rooms may only be used if at least 8 m² is available for each person and ancillary rooms are available for shared use. Where these are absent, at least 10 m² per person is required.	Link
Thuringia	not known	–	–