6 county-level rules, plus city-specific rules for 4 cities in Montgomery County, Texas.
Verified from official government sources
Montgomery County does not require STR registration or permits in unincorporated areas. No county STR policy exists. Property-specific deed restrictions or HOA rules may restrict or prohibit STRs; verify with your subdivision's HOA before listing.
Tex. Tax Code Sec. 351.002 (Municipal Hotel Occupancy Tax - applies to short-term rentals)
Sec. 351.002. TAX AUTHORIZED. (a) A municipality by ordinance may impose a tax on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to the use or possession of a room that is in a hotel, costs $2 or more each day, and is ordinarily used for sleeping.(b) The price of a room in a hotel does not in...
No county-level noise rules specific to short-term rentals exist. General Texas state law disorderly conduct provisions apply. HOA deed restrictions in many Montgomery County subdivisions may impose guest behavior and noise requirements on property owners.
Tex. Penal Code Sec. 42.01 (Disorderly Conduct - Unreasonable Noise)
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the p...
Texas imposes a 6% state hotel occupancy tax (HOT) on STR gross receipts. Montgomery County imposes an additional county HOT. Total combined state and county HOT applies to short-term rentals of 30 days or less. Hosts are required to collect and remit taxes.
Texas Comptroller of Public Accounts — Hotel Occupancy Tax (Tex. Tax Code Ch. 156, 351, 352)
Hotel Occupancy Tax Who is responsible for this tax? Hotel owners, operators or managers must collect state hotel occupancy tax from their guests who rent a room or space in a hotel costing $15 or more each day. The tax applies not only to hotels and motels, but also to bed and breakfasts, condominiums, apartments and houses. Local hotel taxes apply to sleeping rooms costing $2 or more each d...
Montgomery County has no parking regulations specific to short-term rental properties in unincorporated areas. Subdivision deed restrictions and HOA rules are the primary source of parking requirements. Street parking on county roads must comply with Texas Transportation Code.
Tex. Transportation Code Sec. 545.302 (Stopping, Standing, or Parking Prohibited in Certain Places)
Sec. 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. (a) An operator may not stop, stand, or park a vehicle:(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street;(2) on a sidewalk;(3) in an intersection;(4) on a crosswalk;(5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite th...
Conroe caps STR occupancy at 2 adults per bedroom plus 2. Montgomery County cannot set STR occupancy rules in unincorporated areas. The Woodlands covenants prohibit STRs entirely in most villages. HB 2127 limits local STR regulation.
Tex. Property Code Sec. 92.010 (Occupancy Limits)
Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.(b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom:(1) to the extent that the landlord is required by a state or federal fair housing law to allow a hig...
Conroe requires $500K minimum STR liability insurance. Texas has no statewide STR insurance mandate. Montgomery County cannot impose one in unincorporated areas. Platform coverage (Airbnb AirCover) often does not satisfy city requirements.
4 cities in Montgomery County have their own short-term rentals rules. Each link goes to that city's dedicated page with code citations.
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