Tex. Loc. Gov't Code Ann. ch. 214 (subchs. A, B, C, G, H, I, Z) § 214.232
PRESUMPTION OF VACANCY.
Operative Text
Sec. 214.232. PRESUMPTION OF VACANCY. A building is presumed to be vacant under this subchapter if:(1) all lawful residential, commercial, recreational, charitable, or construction activity at the building has ceased, or reasonably appears to have ceased, for more than 150 days; or(2) the building contains more than three units, 75 percent or more of which have not been used lawfully, or reasonably appear not to have been used lawfully, for more than 150 days. Added by Acts 2009, 81st Leg., R.S., Ch. 1157 (H.B. 3065), Sec. 1, eff. January 1, 2010.
Texas Local Government Code § 214.232 establishes a legal presumption that a building is vacant under two circumstances: either all lawful activity at the building has stopped (or reasonably appears to have stopped) for more than 150 days, or, for buildings with more than three units, at least 75 percent of those units have not been lawfully used (or reasonably appear not to have been) for more than 150 days. This presumption is a procedural tool that allows municipalities to treat a building as vacant for enforcement purposes without requiring absolute proof of vacancy. The 150-day threshold and the 75-percent occupancy benchmark are the key factual triggers that determine whether the presumption applies.
Plain English — not legal advice.
Under § 214.232, property owners and managers should be aware that extended periods of inactivity at a building — even if activity has only 'reasonably appeared' to have ceased — can trigger a legal presumption of vacancy that exposes the property to municipal enforcement action. Compliant operators generally maintain documented evidence of ongoing lawful activity, such as lease agreements, utility records, or permitted construction logs, to rebut any presumption that a building has been vacant for more than 150 days. For multi-unit properties with more than three units, keeping occupancy above the 75-percent threshold of lawful use is particularly important to avoid triggering the second prong of § 214.232.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 214.232 is relevant to tenants because a building being presumed vacant can affect how a municipality treats the property and its occupants under Texas's subchapter on building standards. If a tenant believes their building has been wrongly classified as vacant — or if they are concerned about conditions in a building that may be subject to vacancy-related enforcement — they may contact their local municipal code enforcement or building standards office to understand how the presumption applies. Tenant-rights organizations can also help residents understand what the vacancy presumption under § 214.232 may mean for their housing situation and what options may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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