Month-to-Month Lease Laws in Texas

Updated onOctober 5th, 2023

Landlords in Texas can end or make changes to month-to-month leases with as much or little notice as they like, but 30 days' notice is the default.

A lot of Texas renters have month-to-month agreements with their landlords, rather than a year-long lease. Often, month-to-month leases are verbal, so the terms can seem murky. But Texas law is clear—both landlords and tenants can end their agreement at any time, as long as they give the other person 30 days’ advance notice.¹

Here's what you need to know about month-to-month lease laws in Texas.

In this article

Establishing a month-to-month lease
Ending the lease
Modifying the lease

Establishing a month-to-month lease in Texas

Month-to-month leases are one type of periodic tenancy, which means they renew automatically at the end of every rent payment period. There are three ways to establish a month-to-month tenancy in Texas:

Written lease:The landlord and tenant signed a written lease that explicitly created a month-to-month tenancy.
Expired fixed-term lease:The landlord and tenant signed a fixed-term lease that expired—but the tenant kept paying rent and the landlord accepted those payments, thus establishing a month-to-month agreement.
Verbal agreement:There is no written lease, but the tenant pays rent monthly.

A month-to-month tenancy is different than a fixed-term tenancy, which has a set start and end date (often a year, but not always). There are pros and cons to both sorts of agreements: month-to-month tenancies are more flexible, but they are also more unpredictable since either party could end them at any time with just 30 days’ notice.

Ending a month-to-month lease in Texas

Ending a month-to-month tenancy is not the same thing as an eviction. A landlord can only evict a tenant if they’ve done something wrong, such as violate the terms of the lease or commit crimes on the property. But a landlord can terminate a month-to-month tenancy for any reason—or no reason at all. The only exception is discrimination (on the basis of race, gender, or any other protected class under fair housing laws) or retaliation against a tenant for exercising their legal rights.

The eviction process in Texas moves much more quickly than in other states and is often completed in under 30 days.

Notice periods

Thirty days’ notice to end a month-to-month lease is the default in Texas, but landlords are allowed to shorten or lengthen the notice period depending on their preferences¹. For instance, if a tenant signed a lease that said only 24 hours' notice is required to terminate the lease, that is legal. This only applies if there’s a written lease - if it’s a verbal agreement, 30 days’ notice is always required.

According to Texas law, if no notice period is mentioned in a written lease and the rent is due every 30 days then the tenancy ends on whichever date is later:²

The end date mentioned in the notice
One month after the day the notice is delivered

If the end date of the tenancy falls in the middle of the month, the tenant is only responsible for paying rent up to the date of termination.

Changing a month-to-month lease in Texas

If a landlord wants to change the lease terms in some way—for instance, a landlord wants to raise the monthly rent, or add a no-pets rule—they can so whenever they want. There is no law in Texas that places any specific requirements on landlords who want to alter month-to-month leases.

If a tenant doesn’t agree to the changes they can follow the applicable notice period to terminate the month-to-month lease.

Holdover Tenant Laws

Notice Requirements to End a Lease

Establishing a Month-to-Month Lease in Texas:

Written Lease:
- A month-to-month tenancy can be established through a written lease explicitly stating this arrangement.
Expired Fixed-Term Lease:
- If a fixed-term lease expires, but the tenant continues to pay rent and the landlord accepts it, a month-to-month agreement is formed.
Verbal Agreement:
- In the absence of a written lease, a month-to-month tenancy can be established through a verbal agreement with monthly rent payments.

Ending a Month-to-Month Lease in Texas:

Not Eviction:
- Ending a month-to-month tenancy is distinct from eviction, which is reserved for specific lease violations or criminal activities by the tenant.
Landlord's Termination Rights:
- A landlord in Texas can terminate a month-to-month lease for any reason or no reason, except for discrimination or retaliation against the tenant's legal rights.
Eviction Process in Texas:
- The eviction process in Texas is relatively swift, often completed in under 30 days.

Notice Periods:

Default 30 Days' Notice:
- The default notice period for ending a month-to-month lease in Texas is 30 days, but this can be adjusted by the landlord if explicitly stated in a written lease.
Shortened or Lengthened Notice:
- Landlords can specify a notice period in the written lease, and it can be either shorter or longer than the default 30 days.
Notice Period in Verbal Agreements:
- In the absence of a written lease for verbal agreements, the standard 30 days' notice is always required.
Calculation of End Date:
- If no notice period is mentioned in a written lease, the tenancy ends 30 days after the notice is delivered, or at a later date specified in the notice.

Changing a Month-to-Month Lease in Texas:

Landlord's Authority:
- Landlords in Texas have the authority to change the lease terms, such as raising rent or adding rules, without specific legal requirements.
Tenant's Options:
- Tenants, if they disagree with the changes, can follow the applicable notice period to terminate the month-to-month lease.

Legal Citations:

[1] Texas Property Code § 91.001(e)(1):
- The legal basis for the default 30 days' notice period and the landlord's right to specify a different notice period in a written lease.
[2] Texas Property Code § 91.001(b):
- Specifies the conditions under which a tenancy ends in the absence of a mentioned notice period in a written lease.

In conclusion, this information serves as a robust guide to navigating month-to-month lease laws in Texas, providing a solid foundation for both landlords and tenants in understanding their rights and obligations.

Month-to-Month Lease Laws in Texas | Caretaker (2024)