Texas Property Code
Sec. § 92.010
Occupancy Limits

(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 Violence), 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.
Added by Acts 1993, 73rd Leg., ch. 937, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(o), eff. Sept. 1, 2003.
Source
Tex. Legislature
Last accessed
Apr. 11, 2021
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