Occupancy Limits: Bellaire vs Tomball
How do occupancy limits rules compare between Bellaire, TX and Tomball, TX?
Tomball has fewer restrictions than Bellaire.
Bellaire, TX
Harris County
Under Ordinance 25-108 (adopted Nov. 17, 2025), Bellaire short-term rentals are prohibited in all residential districts and allowed only in mixed-use districts by permit. STR occupancy is capped at 2 adults per bedroom plus 2 additional adults, never exceeding 12 persons.
View full Bellaire rules →Tomball, TX
Harris County
Tomball's code does not set a short-term rental specific occupancy cap. Texas Property Code Sec. 92.010 caps adult occupancy at three adults per bedroom in residential dwellings. Confirm fire/building occupant load with Tomball Fire Marshal at (281) 351-5451.
View full Tomball rules →Key Facts Comparison
| Fact | Bellaire | Tomball |
|---|---|---|
| Ordinance | No. 25-108 (adopted 11/17/2025) | - |
| Residential STR | Prohibited | - |
| Where Allowed | Mixed-use districts (permit) | - |
| Occupancy Cap | 2 adults/bedroom + 2; max 12 | - |
| Parking | Driveway + garage capacity | - |
| Inspection | Annual fire marshal review | - |
| Compliance Deadline | March 17, 2026 | - |
| Fines | $500 to $2,000 per day | - |
| Local STR cap | - | None in Tomball code |
| State adult cap | - | 3 adults per bedroom (Tex. Prop. Code 92.010) |
| Children under 18 | - | Not counted toward cap |
| Civil penalty | - | $500 per violation + fees (state law) |
| Fire Marshal | - | (281) 351-5451 |
Highlighted rows indicate differences between cities.
Bellaire FAQ
How many guests can stay at a Bellaire short-term rental?
Two adults per bedroom plus two additional adults, with a hard maximum of 12 persons under Ordinance 25-108.
Are short-term rentals allowed in Bellaire neighborhoods?
No. STRs are prohibited in all residential districts. They are allowed only in mixed-use districts under a permit issued by the City.
When did the new rules take effect?
Ordinance 25-108 was adopted November 17, 2025. Existing residential STRs were given 120 days to cease, with the compliance deadline around March 17, 2026.
What are the penalties for violating the STR ordinance?
Violations are punishable by the maximum fine allowed by Texas state law, generally $500 to $2,000 per day, and repeated violations can lead to permit revocation.
Tomball FAQ
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.
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