Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.010
OCCUPANCY LIMITS.
Operative Text
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 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.
Under Tex. Prop. Code § 92.010, Texas law sets a default cap on adult occupancy in rental dwellings: no more than three adults per bedroom. Two exceptions exist — one when fair housing law requires a higher occupancy rate, and another when an adult is temporarily sheltering from family violence for up to one month. Neighbors within 3,000 feet of a property where the limit is violated, or a governmental or civic body acting on their behalf, may sue to stop the violation and can recover $500 per violation plus court costs and attorney's fees if they prevail.
Plain English — not legal advice.
Landlords operating under Tex. Prop. Code § 92.010 generally track the number of adult occupants (those 18 and older) relative to the number of qualifying bedrooms — spaces intended for sleeping, not kitchens, bathrooms, or storage areas. Compliant operators are mindful that fair housing obligations under state or federal law may require them to allow higher occupancy in certain circumstances, and that a temporary family-violence exception also applies. Because neighboring property owners and civic groups have standing to sue and recover $500 per violation, maintaining accurate occupancy records and lease terms consistent with this section is a standard practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.010 establishes that a landlord generally cannot restrict adult occupancy below three adults per bedroom, and the rule also caps how many adults a landlord may allow — meaning it can cut both ways. Tenants who believe a landlord is applying an occupancy policy that conflicts with this section, or with fair housing protections that may require higher limits, can look into filing a complaint with a fair housing agency or consulting a tenant-rights organization for guidance. The provision also recognizes a temporary exception for survivors of family violence, which may be relevant to tenants in those circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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