Is there a maximum number of adults that can occupy rental property in Texas?

Full question:

I lost my job recently and now I am surviving doing odd jobs. I am still on the lookout for a full-time job. , I was thinking to renting the upper portion of my house so that I can earn some extra bucks. I have one room and small kitchen in the upper portion. What is the maximum number of adults that can be allowed to occupy the rental premises?

• Category: Landlord Tenant
• Subcategory: Residential Lease
• Date: 04/07/2025
• State: Texas

Answer:

The maximum number of adults that a landlord may allow to occupy is three times the number of bedrooms in the rental house. The relevant statutory provision in this regard is stated below.

Tex. Prop. Code § 92.010 reads:

“(a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.
(b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom:
     (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or
     (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month.
(c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $ 500 for each violation of this section.
(d) In this section:
     (1) "Adult" means an individual 18 years of age or older.
     (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling.”