How can I limit the amount of tenants in a rental house 3 bedroom 1633 sqft , what is the law?

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Jan 06, 2020 Views12,630 Answer a Question

How can I limit the amount of tenants in a rental house 3/2 bedroom 1633 sqft , what is the law? Having problem to many people wanting to live in a smaller home. I would like to be able to put a limit on the occupancy. I would like to at least keep it at 6, is this possible and be legal?

About 4 years ago
Get your property management book out it will be in there. All the steps you need are in there as well.
Thanks
Anthony Taylor Realty
About 4 years ago
Check out this website https://www.texastenant.org
State in the contract number of people of names of those occupying the property and it should only be for 1 family.
source:
https://www.texastenant.org
About 4 years ago

Can I Limit the Number of Occupants in a Rental Property?
Here's what you can do as long as you comply with all relevant housing laws.
By Beth Dillman
Question
I’m renting out a really nice apartment and I don’t want it to become overcrowded or too noisy. Can I limit the number of tenants without getting into legal trouble?

Answer
You can set a limit to the number of people who can live in your rental—as long as you comply with all relevant housing laws.

State and local health and safety codes that set maximum limits on the number of tenants (based purely on the size of the unit and number of bedrooms and bathrooms) may support your limit on number of occupants. But you are not free to set unreasonably low figures (for example, two people for a two-bedroom flat) in order to maintain a quiet atmosphere or to reduce wear and tear.

Federal occupancy standards require landlords to allow two persons per bedroom—unless you can point to legitimate business reasons that justify a lower number (this is difficult to do). And state or local occupancy standards may allow even more people in the rental than the federal law does.

If your occupancy policy limits the number of tenants for any reason other than health, safety, and legitimate business needs, you risk charges of discrimination against families. Before setting an occupancy limit, contact your local and state housing authority for information, or the U.S. Department of Housing and Urban Development (HUD) for the specifics in your area. For contact information, check the “State Info” section on the HUD website.
source:
NOLA.com
About 4 years ago
Most subdivisions are single family. You can’t have multiple families in a residential neighborhood . Reach out to the HOA and get the specific rules for your subdivision. Local realtors will also have this info available to them.
About 4 years ago
According to Section 92.010, the maximum number of adults a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.

What are the exceptions to the specified occupancy rate?
The maximum occupancy rate may be exceeded:
• when and to the extent that state or federal fair
housing law allows a higher rate and
• when an adult is seeking temporary sanctuary from family violence as defined in Section
71.01 of the Texas Family Code. However, the
excess occupancy rate for family violence cannot exceed one month.
Who may enforce the occupancy rate
limits?
Generally, the enforcement lies with an individual
who owns or leases living space within 3,000 feet
of a dwelling in violation. A governmental entity or
civic association acting on the individual’s behalf
may also enforce the limits, but the remedies differ.
What are the remedies for a violation?
The prevailing party for enforcement of the occupancy limits may enjoin the violation, recover court
costs and reasonable attorneys’ fees. A prevailing
plaintiff may recover $500 for each violation in addition to court costs and reasonable attorneys’ fees.
It is difficult to determine the difference between a
“prevailing party” and a “prevailing plaintiff.” Also,
it is unclear what each violation means.
If each violation refers to “each lawsuit," then 50
individuals living within 3,000 feet of a dwelling in
violation may each recover $500. If the term refers to
per person per day of violation, how many violations
occur when three too many adults occupy a dwelling
for 30 days? Is this one violation, three violations or
90 (3 X 30) violations?
source:
https://assets.recenter.tamu.edu/Documents/Articles/866.pdf
About 4 years ago
The law supports the executed contract. It can be difficult to monitor how many people are really living on the property. I suggest writing the names and ages of the people in the comments section of the lease. I would also use this space to emphasize what will happen if the number of people increase. As long as the rent is being paid on time, I would ignore and not renew the lease. If rent is not being paid, file for eviction.
About 4 years ago
Property code states 2 per bedroom.
About 4 years ago
The landlord can limit the number of occupants who live in the house or apartment. The maximum number should depend on the number of bedrooms and the age of the occupants. Texas law generally gives a landlord the ability to set occupancy to three adults (persons over 18) for each bedroom of the dwelling.
source:
https://www.texastenant.org › house_rules
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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