The number of people living in an apartment at any given moment is viewed as the occupancy. Texas occupancy laws require only a specific number of people in one apartment, based on the number of bedrooms. Your landlord may have other rules and regulations in place regarding occupancy that isn’t necessarily covered under state laws.
According to Section 92.010 of the Texas Property Code, the maximum number of people allowed to live in an apartment is three per bedroom. For example, if you have a two-bedroom apartment, then the maximum occupancy for the apartment is six people. The exception to the law involves landlords that work within the guidelines of a federal or state fair housing law. In cases of those, the landlord is legally allowed to increase the maximum occupancy of the apartment. If the occupancy rate increases as the result of someone taking solace from a violent situation and it is a temporary solution, then the occupancy law does not apply.
Under Texas laws, the occupancy rate must only apply to bedrooms and not any other rooms in the apartment. The bedroom must be a specific room designed for sleeping. Depending on your area, the landlord must supply a door that closes and/or a closet for the room to officially be a bedroom. The landlord cannot consider any other room in the apartment as a bedroom, nor increase the maximum occupancy based on the sizes of other rooms.
Department of Housing and Urban Development
Families receiving rent assistance from the Department of Housing and Urban Development (HUD) have different occupancy laws in place. HUD requires that families have no more than two people living in each bedroom. Children under the age of six months do not apply to the law. If the addition of the child changes the occupancy rate of each bedroom and the family plans to stay in the residence, then they must contact the landlord and inform him of the changes.
The landlord has the right to deny an apartment rental to a family or group that exceeds the lease’s occupancy terms. For example, if the landlord determines that a one-bedroom apartment cannot exceed two people, then he can deny the rental to a family. Landlords cannot deviate from the terms of the original lease, unless he has the consent of the renter and the renter agrees to sign the new lease, changing the occupancy size.