Houston does not restrict long-term rental of ADUs. Texas state law (Property Code Section 92.0091) preempts most local rental regulation. Short-term rental of ADUs requires registration with the City under Chapter 28 effective 2024. Deed restrictions often impose rental bans or minimum-lease terms.
Houston has no rental cap, no rental licensing requirement, and no minimum lease term for long-term ADU rentals. The Texas Property Code limits how cities can regulate residential leases. For short-term rentals (under 30 days), Houston adopted Chapter 28 in 2024 requiring STR operators to register annually, pay Hotel Occupancy Tax (HOT, 7%), and post a permit number on listings. Both owner-occupied and non-owner-occupied ADUs can be used as STRs under city law. The primary source of ADU rental restrictions is deed restrictions. Many subdivisions prohibit rental of secondary units, require 6-month or 12-month leases, or limit STR use. The Houston Legal Department enforces deed restrictions.
STR operation without registration under Chapter 28 carries fines up to $500 per day and listing removal. Failure to remit HOT taxes results in audits and collection actions. Deed restriction violations are enforced civilly; remedies include injunctions and attorney fees.
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See how Houston's adu rental restrictions rules stack up against other locations.
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