Is It Illegal to Sleep in Your Car?

It depends where you are

By Susan Meyer

Updated September 4, 2024

Edited By Ross Martin

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Is it legal?
Where can you park?
Other considerations

Sleeping in your car: the facts

Whether as a temporary fix when out of housing options, a lifestyle choice or a few days of car camping while on a road trip, the number of people sleeping in their vehicles is on the rise. In cities like Seattle, San Francisco and LA, there has been a significant increase to the tune of nearly 50% in vehicular homelessness.^[1]

However, if you find yourself wanting or needing to sleep in your car, is that against the law?

There are no state-wide laws against sleeping in your car; however, there are some local laws and ordinances prohibiting it and, of course, private property concerns.

In this article, we’ll look at the legal and safety concerns surrounding sleeping in your car.

Legal concerns for sleeping in your car

The legality of sleeping in your car varies by city, town and even neighborhood. In some places, it is perfectly legal to sleep in your vehicle, while in others, it can result in fines or even criminal charges.

Here are a few things to consider:

Strict city/local laws: Even within states where it is generally legal to sleep in your car, local ordinances can vary. For example, a city might allow overnight parking but prohibit sleeping in the vehicle. Always check local laws and ordinances to avoid fines. For instance, in Los Angeles, there are specific zones where sleeping in your car is prohibited.^[2] There are also whole parts of the Florida Keys where you can’t sleep in your vehicle. If you are driving through a city and need to stop and rest, do a search of the local laws to make sure you are not going to wake up to an unfortunate surprise.
Laws around rest stops: Many states have rest stops on state highways and specifically encourage you to take a break from driving if you need it. After all, drowsy driving can be a major impairment. That said, many states don’t allow you to sleep overnight at highway rest stops and some limit how long you can stay to just a few hours. Be aware of the laws in the states you’re driving through. If you don’t think you have the energy to make it to your next destination, adjust your plans.
Laws around public land: Public parks often have hours in which they are closed, which you need to respect. For parks that allow overnight camping, you often have to reserve in advance and pay a small fee. This can be a good option for car camping with a little planning.
Private businesses/ property: People who live full time in their vehicles and travel will often stay overnight in business parking lots such as Walmart. This can be a good option for using the bathroom and buying food or other necessities. It’s important to always check with the business before parking overnight to make sure they allow it, as the rules can vary from store to store.

Where can you park?

Finding the right place to park for the night is crucial. Here are some options to consider:

Rest Areas: Many states allow overnight parking in rest areas along highways. However, some limit the time you can stay. Always check posted signs for restrictions.
Truck Stops: Truck stops are generally safe places to sleep in your car, and many are open 24 hours. They offer amenities like bathrooms, showers and food. Be courteous to truckers, as these spots are primarily intended for them.
Walmart Parking Lots: Some Walmart locations allow overnight parking, but this varies by store. Always ask for permission from the store manager and follow any posted rules.
Public Lands: In some states, you can camp for free on Bureau of Land Management (BLM) lands or in national forests. This option is best suited for those with a more rugged vehicle and who are prepared for a more isolated experience.
Residential Areas: Parking in residential areas can be tricky. Some neighborhoods have restrictions against overnight parking, and residents may report suspicious vehicles. If you choose this option, follow all local ordinances and be discreet and respectful.

Other considerations beyond legality

If you’re considering sleeping in your car, there are several factors you should take into account beyond just the legality.

Safety: Safety should be your top priority. Choose well-lit areas with low crime rates. Some of the safest places to park include 24-hour grocery store parking lots, truck stops and rest areas (but remember to check how long you can stay). Avoid parking in isolated areas or places with a high incidence of crime.
Privacy: If you plan to sleep in your car regularly, consider investing in window shades or curtains. This will help you maintain privacy and prevent passersby from looking into your vehicle.
Comfort: Sleeping in a car can be uncomfortable, especially over long periods. Invest in a good sleeping bag or blankets, and consider a small mattress or sleeping pad that fits in your vehicle. Ventilation is also important, so crack a window slightly to ensure airflow.
Vehicle maintenance: Make sure your vehicle is in good working condition. The last thing you want is to be stranded because of car trouble. Regularly check your battery, tires and fluids.
Sanitation: Keep in mind where you will go to the bathroom and clean up. Many truck stops and rest areas have facilities, but these might not always be available. Consider joining a gym with 24-hour access where you can shower and use the restroom.
Noise: Urban areas can be noisy at night, which might disrupt your sleep. Consider parking in quieter residential areas if local laws allow it, but be mindful of “no overnight parking” signs.
Insurance: It’s important to be covered by car insurance, especially because if you’re sleeping in your car, you’re likely driving a lot of miles and keeping many belongings in your vehicle. Be aware: if you’re actually living in your car, it might be difficult to obtain or renew insurance because insurance companies like for you to have a permanent address so they can better ascertain your potential risk.

Wrapping up

In a world where the cost of living continues to rise, more people are turning to unconventional solutions for housing. One such option is sleeping in a car. While it might seem like a simple and cost-effective solution, the legality of sleeping in your car is complex and varies widely depending on where you are. It's important to explore the legal considerations and safety concerns before you curl up for the night.

Sources

Americans living in their cars. [The Guardian]
Los Angeles Municipal Code. [EZ Record]