ADU Owner Occupancy: Dallas vs Garland
How do adu owner occupancy rules compare between Dallas, TX and Garland, TX?
Dallas and Garland have similar restriction levels.
Dallas, TX
Dallas County
Dallas requires the property owner to occupy either the principal dwelling or the ADU as a permanent residence under Dallas Development Code § 51A-4.217. The owner-occupancy requirement is typically a condition of the Specific Use Permit (SUP) granted for the ADU. A recorded deed restriction is required. Both units cannot be rented to non-owners simultaneously.
View full Dallas rules →Garland, TX
Dallas County
Garland's single-family residential zoning effectively requires owner-occupancy of accessory living quarters by limiting each lot to one dwelling unit. The accessory guest house or servant's quarters cannot be rented as a separate household. Where a Specific Use Permit allows a true ADU, owner-occupancy is typically imposed as an SUP condition with a recorded deed restriction. Texas has not preempted local owner-occupancy rules.
View full Garland rules →Key Facts Comparison
| Fact | Dallas | Garland |
|---|---|---|
| Code Section | Dallas Dev Code § 51A-4.217 | - |
| Owner Occupancy | Required (SUP condition) | - |
| Deed Restriction | Recorded with Dallas County | Recorded with Dallas County Clerk |
| Both Units Rented | Prohibited (single-family district) | Prohibited in SF districts |
| Effective Requirement | - | Yes - one unit per lot in SF zoning |
| Authority | - | Garland Development Code; TX LGC Ch. 211 |
| Where SUP Granted | - | Owner-occupancy typically required |
Highlighted rows indicate differences between cities.
Dallas FAQ
Does Dallas require the owner to live on the property to have an ADU?
Yes. Dallas Development Code § 51A-4.217 and the typical Specific Use Permit conditions require the owner to occupy either the principal dwelling or the ADU as a permanent residence, with a deed restriction recorded against the property.
Can an LLC own a property with an ADU in Dallas?
LLC ownership is allowed but complicates owner-occupancy. The Specific Use Permit typically requires the principal member or trustee residing on-site to personally satisfy the residency test. This is reviewed case-by-case by the City Plan Commission.
Garland FAQ
Does Garland require owner occupancy?
Effectively yes. Garland single-family zoning permits only one dwelling unit per lot. An accessory guest house cannot be rented as a separate household. Where a Specific Use Permit allows a true second unit, owner-occupancy is typically imposed as an SUP condition with a recorded deed restriction.
Can I rent my guest house to a non-family tenant?
No, not as a separate household in single-family zoning. The accessory structure must be incidental to the main dwelling. Renting it as an independent unit is treated as an unauthorized second dwelling and a Garland Development Code violation enforced by Code Compliance.
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