Tomball, TX Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- 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
Summary
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.
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 higher occupancy rate; or (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. ... (d) In this section: (1) 'Adult' means an individual 18 years of age or [older].
Full Breakdown
No Tomball ordinance imposes an STR-specific guest cap. Statewide, Tex. Property Code Sec. 92.010 limits the number of adults a landlord may allow to three times the number of bedrooms (e.g., 6 adults in a 2-bedroom). Children under 18 are not counted; exceptions apply for fair-housing compliance and for sheltering an adult fleeing family violence (up to one month). Building Code occupant-load and IRC bedroom egress, smoke alarm, and CO alarm rules also apply through Tomball's adopted codes. Operators should set written house rules, count adults at booking, and confirm any platform or HOA caps. Verify any address-specific occupancy concerns with the Fire Marshal at (281) 351-5451 or Building at (281) 290-1004.
Violations & Fines
Tex. Prop. Code Sec. 92.010 lets neighbors or civic groups sue for $500 per violation plus court costs and attorney's fees. Building/fire occupant-load violations carry separate municipal penalties.
Frequently Asked Questions
Can I host 10 guests in a 3-bedroom Tomball STR?
Do children count toward the limit?
Does my HOA override these limits?
Sources & Official References
Other rules in Tomball
Texas rules heatmap·Compare Tomball to another location·View the Texas short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Harris County handle occupancy limits.