An occupancy clause names who may live in the dwelling, sets how long a guest may stay before becoming an occupant, and states how a new occupant is added. Texas fixes the ceiling: under Property Code §92.010 “the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms,” with exceptions where fair housing law requires more or where an adult is “seeking temporary sanctuary from family violence” for up to a month. Cities may set lower limits in their housing codes — Pasadena, for example, caps a two-bedroom at five persons — so the clause should cite both.
What the clause should say
- The named tenants and named occupants, and that no one else may reside there without the landlord’s written consent.
- The guest rule: a stated number of consecutive nights or nights per month after which a guest is an occupant subject to approval.
- The approval route: an application, the same criteria as any applicant, and a lease amendment adding the person as a tenant if an adult.
- The statutory ceiling: three adults per bedroom under §92.010, subject to the city’s housing code where lower.
- That familial status is protected: children are not “extra occupants” to be refused; the Texas Fair Housing Act (Property Code §301.021) and the federal Act list familial status as a protected class.
Why the ceiling is a ceiling, not a target
§92.010 is enforced by neighbours: anyone who owns or leases within 3,000 feet may sue to enjoin a violation and recover $500 per violation plus fees. A landlord who allows more adults than three per bedroom invites that suit; a landlord who sets a lower limit must be able to show it applies equally to all applicants and does not exclude families with children. HUD’s guidance treats two persons per bedroom as generally reasonable, but the Texas statute counts adults, and the fair-housing exception in §92.010(b)(1) means a family may exceed the landlord’s policy where the law requires.
Applying it
Record the occupants on the move-in record, ask about changes at each renewal, and treat an unapproved resident as a lease breach handled by notice — not by a lockout, which §92.0081 forbids. Where a local occupancy licence exists, the city inspector may ask for the occupant count per unit; keep it current.
Frequently asked questions
How many adults may occupy a Texas rental?
No more than three per bedroom, unless fair housing law requires more or an adult is taking temporary sanctuary from family violence for up to a month (Property Code §92.010); a city housing code may set a lower cap.
Can a landlord refuse a family because of the number of children?
Not on that basis. Familial status is a protected class under the Texas and federal Fair Housing Acts; occupancy limits must be reasonable and applied equally (Property Code Chapter 301, HUD).
What if a guest moves in without approval?
It is a lease breach handled by written notice and, if unresolved, the eviction process; removing doors or locks or excluding the tenant is prohibited by §92.0081 (Chapter 92).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- HUD — Fair Housing Act overview ↗
- Texas State Law Library — Leases ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.