Can a landlord in Texas limit the number of people in my apartment?

Yes, but any limits must be reasonable and cannot discriminate against protected groups such as families with children.

What if I have children—can my landlord tell me a two-bedroom is for adults only?

No. Denying families with children use of an appropriately sized unit typically violates fair housing laws.

Do city or local rules sometimes override state law?

Yes. Sometimes local codes set stricter occupancy limits, but they must still comply with fair housing protections.

Can my landlord evict me for too many people living in my unit?

If you violate a reasonable, written occupancy policy, your landlord may take legal action. But if the policy is discriminatory, you have the right to challenge it.

Texas Occupancy Standards and Fair Housing: What Renters Need to Know

Q: Who do I contact if I think an occupancy rule is discriminatory?

You should contact the Texas Department of Housing and Community Affairs Fair Housing Office or HUD.

Discrimination & Fair Housing Laws Texas published: June 21, 2025

Understanding how many people can legally live in a rental unit is important for renters across Texas. Reasonable occupancy standards ensure housing is safe and fair, while also protecting against housing discrimination. This article explains Texas occupancy rules, your rights under fair housing laws, and what steps to take if these standards impact your tenancy.

What Are Reasonable Occupancy Standards in Texas?

Occupancy standards refer to the number of people legally allowed to live in a rental unit. In Texas, these standards are generally governed by both the Texas Department of Housing and Community Affairs (TDHCA) and federal fair housing rules.

General Rule: Texas typically follows a "two persons per bedroom" guideline. This means, for example, a two-bedroom can reasonably house up to four occupants.
Exceptions: Factors like the size of bedrooms, unit configuration, age of occupants (children vs. adults), and local codes can affect what is "reasonable."

Any occupancy limit must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status (including children under 18).

How Occupancy Standards Protect Renters

Occupancy limits can help keep rental housing safe, but they shouldn't be used as a way to unfairly exclude families or groups the law protects. For example, setting a lower occupancy limit just because a family has children could be illegal under fair housing laws.

Landlords should communicate written occupancy rules in leases or house policies.
Reasonable modifications may be requested for disability accommodations.
Eviction or refusal to rent based only on family size or familial status may violate federal and state law.

If You Think an Occupancy Policy is Unfair or Discriminatory

If you believe an occupancy rule is being enforced to exclude families, individuals with disabilities, or violates your rights in another way, you have ways to request clarification or file a complaint.

Key Laws and Who Enforces Them

The main agency handling tenant complaints for discrimination in Texas is the Texas Department of Housing and Community Affairs Fair Housing Office (TDHCA). For certain cities like Austin or Dallas, local human rights commissions may also help.

Relevant Forms and How to Use Them

Texas Fair Housing Complaint Form (TDHCA Form)
- When to Use: If you believe you are being discriminated against due to a landlord’s occupancy rule or policy.
- How to Use: Fill out and submit the form to the TDHCA. You can download the official form on the TDHCA Fair Housing Complaint page. For example, if your landlord refuses to rent to you because you have two children in a one-bedroom, and you believe this is unreasonable, use this form to report it.
HUD (U.S. Department of Housing and Urban Development) Housing Discrimination Complaint Form (HUD-903 Online Form)
- When to Use: If the issue involves federal discrimination, such as familial status or disability.
- How to Use: Submit a complaint online through HUD’s portal. For instance, if you are told you cannot rent due to your family structure and feel this is unfair, this is the right form.

If you’re unsure whether an occupancy policy is legal, reach out to TDHCA or a local fair housing office for guidance before moving out or withholding rent.

Steps to Challenge an Occupancy Standard

If you want to challenge an occupancy limit that feels unreasonable or discriminatory, you can:

Request clarification from your landlord in writing
Gather supporting documents (lease, communications, photos if needed)
Contact the TDHCA Fair Housing Office or file a formal complaint
Consider legal aid if your housing is threatened by eviction or adverse action

FAQ: Texas Occupancy Standards and Fair Housing

Can a landlord in Texas limit the number of people in my apartment?
Yes, but limits must be reasonable and not discriminate based on protected categories like family status. The usual guideline is two people per bedroom, but unique circumstances may apply.
What if I have children—can my landlord tell me a two-bedroom is for adults only?
No. Disallowing families with children in a unit that would otherwise accommodate them usually violates fair housing laws.
Do city or local rules sometimes override state law?
Yes. Local health or safety codes may set stricter occupancy limits, but they still must not discriminate.
Who do I contact if I think an occupancy rule is being used to discriminate?
Contact the Texas Department of Housing and Community Affairs Fair Housing Office or HUD. Their official complaint forms are linked above.
Can my landlord evict me for too many people living in my unit?
If you violate a reasonable, written occupancy policy, the landlord can take action. But if the rule is discriminatory, you may have rights to challenge it.

Key Takeaways for Texas Renters

Most occupancy standards in Texas follow a two-persons-per-bedroom guideline but must always comply with fair housing laws.
If you believe a rule or policy is being used to discriminate based on family or disability status, you have legal protections and complaint options.
Use official forms and contact the right tribunal, such as the TDHCA, for help with housing disputes or discrimination.