I was giving a 30 day notice on 8/20/12, the agreement was for 4 people in the apartment but since my husband no longer lives with me my dauther move in, but then she had a baby of her own that's makes 5 of us , I also have a son in the military that stays every now and then sisnce he gets shipped out a lot. But I've notice that I'm not the only one with over the limit of people am I braking the contract or is everyone else too. What can I do?

Move...

Claiming other people do it to isn't a winning defence.

Also you DO have more than the allowed number of people living there... they don't all have to actually BE there at the same time to violate the lease.

The question is whether the landlord will allow you to repair the breach and stay. But the problem is that you did breach the lease. It doesn't matter what others do. So you see if they will accept that the unauthorized people move out or you move.