Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Short-Term & Vacation Rental Discussions
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

6
Posts
1
Votes
Michael Peters
  • Illinois
1
Votes |
6
Posts

Septic & Occupancy

Michael Peters
  • Illinois
Posted

My wife and I are looking to purchase our first property with hopes to turn it into a STR. Its a 4BR/3BA lake house in the woods of Wisconsin and on septic. During disclosure we found out that while it is a 4BR the septic is only rated for a 3BR. I feel like that would affect the max occupancy when listing it for rentals but am still trying to get my head around local regulations regarding STR.

Am I correct in assuming that we can only rent the home for a max occupancy of what the septic can "handle" based on local regulations? Thus turning what we thought was a 8-10 occupancy to a 6 occupancy? Does anyone have experience in the dirty world of septic and renting that could provide some insight?


Thanks!

Mike

User Stats

27,124
Posts
39,933
Votes
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
39,933
Votes |
27,124
Posts
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Michael Peters:

Yes, you can limit occupancy based on the capacity of the property. Check out the Keating Memo from HUD for guidance: https://www.hudexchange.info/resource/6632/occupancy-standar...

  • Property Manager Wyoming (#12599)

American West Realty & Management Logo

User Stats

4,287
Posts
6,033
Votes
Marcus Auerbach
Agent
#1 Real Estate Events & Meetups Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
6,033
Votes |
4,287
Posts
Marcus Auerbach
Agent
#1 Real Estate Events & Meetups Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
Replied
Quote from @Michael Peters:

My wife and I are looking to purchase our first property with hopes to turn it into a STR. Its a 4BR/3BA lake house in the woods of Wisconsin and on septic. During disclosure we found out that while it is a 4BR the septic is only rated for a 3BR. I feel like that would affect the max occupancy when listing it for rentals but am still trying to get my head around local regulations regarding STR.

Am I correct in assuming that we can only rent the home for a max occupancy of what the septic can "handle" based on local regulations? Thus turning what we thought was a 8-10 occupancy to a 6 occupancy? Does anyone have experience in the dirty world of septic and renting that could provide some insight?


Thanks!

Mike


I would be surprised to find a lake house on a legal septic system, most likely the house has a holding tank that needs to be pumped every few weeks depending on usage. The good news would be that expanding to a bigger holding tank is not as costly as replacing a whole spectic system (especially a mound system).

Baselane logo
Baselane
|
Sponsored
BiggerPockets prefers Baselane The #1 REI platform that integrates banking, rent collection and bookkeeping to save time and money.

User Stats

1,982
Posts
1,528
Votes
Andrew Steffens
Pro Member
#3 Short-Term & Vacation Rental Discussions Contributor
  • Tampa, FL
1,528
Votes |
1,982
Posts
Andrew Steffens
Pro Member
#3 Short-Term & Vacation Rental Discussions Contributor
  • Tampa, FL
Replied

I am not an expert in septic but we have a few.  We increased the frequency in which it was serviced.  It is annoying but if the extra occupancy calls for it it is worth the hassle.

  • Andrew Steffens
  • [email protected]
  • 813-563-0877
  • User Stats

    831
    Posts
    1,694
    Votes
    Travis Timmons
    • Rental Property Investor
    • Ellsworth, ME
    1,694
    Votes |
    831
    Posts
    Travis Timmons
    • Rental Property Investor
    • Ellsworth, ME
    Replied

    I'd suggest picking up the phone or stopping by the local code enforcement office. In a small town, it's likely just 1 or 2 people. Don't try to hide anything and just ask for help. They'll probably be really helpful if you are straightforward, honest, and just want to follow the rules. 

    User Stats

    182
    Posts
    74
    Votes
    KiKi Wood
    • Real Estate Agent
    • Indianapolis, IN
    74
    Votes |
    182
    Posts
    KiKi Wood
    • Real Estate Agent
    • Indianapolis, IN
    Replied

    I live on a septic and I get being worried about this, but I would do more research before you make that decision! If it is rated for a 3 bed, but it's not getting super regular use because of vacancy, then I don't know if I would be too worried about it. That rating seems to be based on that amount of people living in the home regularly. I would do what makes you comfortable, but that's what came to mind when I read your post! Best of luck! :) 

    User Stats

    281
    Posts
    133
    Votes
    Wesley I.
    • Investor
    • San Diego, CA
    133
    Votes |
    281
    Posts
    Wesley I.
    • Investor
    • San Diego, CA
    Replied

    @Michael Peters

    Dont see why you cannot rent it out to 8-10 people, just be prepared to have it pumped/serviced frequently.

    It would be nice to know the size of the tank you have.

    Was the 4th bedroom a later addition?

    Our county has a list of approved/licensed septic servicers on their website. Call your city and see if they have one too.

    User Stats

    6
    Posts
    1
    Votes
    Michael Peters
    • Illinois
    1
    Votes |
    6
    Posts
    Michael Peters
    • Illinois
    Replied

    Well, I called all sorts of people and really couldn't get a solid answer from any of them (septic guys, city guys, county guys, rental guys). At the end of the day we decided to negotiate w/ the seller on the cost of the upgrade to get them into compliance. The purchase moves forward!

    User Stats

    2,083
    Posts
    2,923
    Votes
    Collin Hays
    Property Manager
    Pro Member
    • Property Manager
    • Gatlinburg, TN
    2,923
    Votes |
    2,083
    Posts
    Collin Hays
    Property Manager
    Pro Member
    • Property Manager
    • Gatlinburg, TN
    Replied
    Quote from @Michael Peters:

    Well, I called all sorts of people and really couldn't get a solid answer from any of them (septic guys, city guys, county guys, rental guys). At the end of the day we decided to negotiate w/ the seller on the cost of the upgrade to get them into compliance. The purchase moves forward!


    You did it the smart way!  As to the septic system issue, the Smokies are full of 2 bedroom cabins that "sleep 16".  And there you have it!

    User Stats

    288
    Posts
    182
    Votes
    Garrett Brown
    Pro Member
    • Rental Property Investor
    • Houston, TX
    182
    Votes |
    288
    Posts
    Garrett Brown
    Pro Member
    • Rental Property Investor
    • Houston, TX
    Replied

    @Michael Peters Most of the answers here are good advice on pumping more frequently if you're worried, but unless you book it 90-100% of the year, it doesn't get used as much as you would think. Great move on negotiating with the seller though.

    I know you said you have called everyone but I'm shocked you can't get an answer since septic is usually the biggest issue with counties. @Travis Timmons hit it on the head with his suggestion. I would keep reaching out  (emailing is preferred, so it's in writing) to the county permitting department until you get a clear answer, even if it is "We don't have any occupancy septic rule". 

    Welcome to the forums, and good luck with your new property! We have a weekly STR newsletter called BiggerStays, which you can access by going to the settings, notifications, and marketing emails section of your profile. Tons of great information to run your STR successfully!

  • Garrett Brown
  • [email protected]
  • User Stats

    2,691
    Posts
    1,890
    Votes
    Alecia Loveless
    Pro Member
    1,890
    Votes |
    2,691
    Posts
    Alecia Loveless
    Pro Member
    Replied

    @Michael Peters Unless your town regulates occupancy with septic capacity like mine is trying to do you just need to increase the amount of service to it to keep your 4 BR occupancy strong.

    My septic inspector regularly tells me there’s generally no septic police for these matters once the property is built.

    But be aware your town could try to regulate septic capacity with the number of allowable bedrooms if they start to regulate AirBnBs.

  • Alecia Loveless
  • User Stats

    443
    Posts
    264
    Votes
    Joshua Messinger
    Agent
    • Property Manager
    • Poconos, PA
    264
    Votes |
    443
    Posts
    Joshua Messinger
    Agent
    • Property Manager
    • Poconos, PA
    Replied

    Hey @Michael Peters, this is a common issue in the Pocono market that we face and usually we don't even know of the septic rating until we verify with the township. I would just double check with your township the property is located in and they can tell you what the laws state regarding what your max occupancy can be in relation to the amount of bedrooms your septic system permits. Besides that, I would never go off any seller ever in trusting the grade of a septic system, the township is your best friend when it comes to figuring this out.