Occupancy Limits: Baytown vs Tomball

Does Baytown limit how many guests can stay in an Airbnb?

Not through a dedicated STR formula. Occupancy is governed by the International Property Maintenance Code's minimum-area-per-occupant rules adopted in Chapter 18 of the City Code.

Can the city shut down a high-occupancy short-term rental?

Code enforcement may act if IPMC overcrowding standards are exceeded or if the use violates the ULDC's single-household dwelling-unit definition.

Do HOA rules matter?

Yes. HOA covenants and deed restrictions may set stricter occupancy limits than the City Code and are enforced privately by the association.

Can I host 10 guests in a 3-bedroom Tomball STR?

State law caps adults at 3 per bedroom (9 in a 3-bedroom). Children under 18 don't count. There's no Tomball-specific STR cap, but fire egress, smoke alarms, and any HOA limits still apply. Confirm with Fire Marshal at (281) 351-5451.

Do children count toward the limit?

No. Tex. Prop. Code Sec. 92.010 defines 'adult' as age 18 or older. Children are excluded from the 3-per-bedroom cap, though total occupant load under the building code still applies.

Does my HOA override these limits?

Yes — deed restrictions and HOA rules are enforceable in Texas and may set lower caps or ban STRs entirely. Check your HOA covenants before listing, especially in Tomball's master-planned communities.