Marketing a Non-Conforming Bedroom

[Christopher Kasel]

I currently have a rental that is 4 bed/ 3.5 bath legally, but we have converted the attic to be a non-conforming bedroom. There is a stairwell up to the attic that leads to a landing that has two doors, one door is a closet, the other door is a room big enough for a bed and a dresser. In the past my old property manager listed this as a 5 bedroom, which rents for $300-400 more in the area. My current property manager has only listed this as a 4 bedroom and has not posted pictures of the attic. I did ask them to change that but nothing has changed in the last 2 days. My question is, is it okay/legal to market it as a 5 bedroom?