Toms River, NJ Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Sleeping-room minimum
- 70 sq ft, 1 occupant
- Additional occupant add-on
- +50 sq ft each
- Deck/porch limit
- 1 person per 9 sq ft
- STR cross-reference
- § 335-41(5)
Summary
Toms River caps how many people may occupy a rental, including short-term room rentals, using a 70-square-foot-per-sleeper standard plus room-by-room minimums in Table 1.
Every room occupied for sleeping purposes shall contain at least 70 square feet of floor area; for rooms occupied for sleeping purposes by more than one person, add 50 square feet of floor area per additional occupant. [Amended 11-8-2023 by Ord. No. 4790-23]
B. Rental units shall not be occupied by more occupants than permitted by the maximum occupancy area requirements of Table 1.
Table 1 Minimum Occupancy Area Requirements Minimum Occupancy Area in Square Feet Space 1 to 2 Occupants 3 to 5 Occupants 6 or more Living room No requirements 120 150 Dining room No requirements 80 100 Kitchen 50 50 60 Bedrooms Shall comply with § 335-14A
C. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.
D. Decks/porches. The maximum allowable occupancy on any deck shall be one person per nine square feet.
E. Landlords may request occupancy limits lower than the maximums computed pursuant to this subsection, in which case the limit requested, if deemed acceptable, will govern and be documented upon the certificate of occupancy.
F.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).
Full Breakdown
Every registered rental unit in Toms River Township, including short-term room rentals under Article VI, is capped by the occupancy formula in § 335-14: each sleeping room needs at least 70 square feet for one occupant, plus 50 additional square feet per extra occupant, with further minimums for living rooms, dining rooms, and kitchens under Table 1. Landlords may set a lower cap voluntarily. For single-room short-term rentals allowed under the barrier-island exception, § 335-41(5) cross-references this same limit, requiring that adding the short-term tenant not push the unit over its documented occupancy limit.
Violations & Fines
Leasing or subleasing to more occupants than the certificate of occupancy's documented limit, including via a short-term room rental, is a separate violation of § 335-15, enforced by the Bureau of Property Maintenance.
Frequently Asked Questions
Do Toms River's occupancy limits apply to short-term room rentals?
How is a Toms River rental's maximum occupancy calculated?
Sources & Official References
Other rules in Toms River
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