Question:
What are the restrictions on how many people can occupy a studio or efficiency apartment/condo in Texas? 460 sq. ft. where one room includes: kitchen/living room/bedroom, separate bathroom.
1 bedroom condos?
– Debra
Answer:
Hi Debra,
The Texas Property Code Sec. 92.010 addresses occupancy limits with regard to Landlords and Tenants. According to this section:
“(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.”
If you are referring to restrictions in an HOA community, it is best to check your governing documents. Local government agencies may also have occupancy laws related to fire safety.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
