Occupancy Limits: Houston vs Tomball
How do occupancy limits rules compare between Houston, TX and Tomball, TX?
Tomball has fewer restrictions than Houston.
Houston, TX
Harris County
Houston's 2025 STR ordinance (Chapter 28, Art. XXIII) regulates short-term rentals citywide. The ordinance defines STRs as dwellings rented for less than 30 consecutive days and requires a certificate of registration. Specific occupancy caps are tied to the property's capacity as determined during registration.
View full Houston 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 | Houston | Tomball |
|---|---|---|
| Ordinance | Houston Code Ch. 28, Art. XXIII (adopted April 2025) | - |
| Registration Fee | $275 + $33.10 admin fee, renewed annually | - |
| Events | Special events at STRs prohibited | - |
| Enforcement Start | January 1, 2026 | - |
| Penalty | $100-$500/day for unregistered operation | - |
| 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.
Houston FAQ
Does Houston have a maximum occupancy for short-term rentals?
The ordinance does not set a specific guest count but requires compliance with building code occupancy limits. STRs may not host special events or be used as event venues.
When did Houston start regulating short-term rentals?
Houston City Council approved the STR ordinance in April 2025, with enforcement beginning January 1, 2026. Registration opened October 1, 2025.
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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