A fixed-term Texas lease needs three dates — start, end and the renewal decision point — and a sentence saying what happens on the day after the end date. If the lease is silent, a tenant who stays and pays becomes a month-to-month tenant under Property Code §91.001, and a landlord who wants possession must then give the §91.001 notice and, for a holdover eviction, the notice to vacate under §24.005. Everything else about a fixed term is planning: when to send the renewal offer, when to inspect, and how to handle an early departure without rewriting the deposit rules.
The clauses that do the work
| Clause | What to write | Statute |
|---|---|---|
| Term | “Begins on [date] and ends at 11:59 p.m. on [date].” | — |
| Expiry | “If the tenant remains after the end date with the landlord’s consent, the tenancy continues month to month on the same terms; either party may end it on one month’s written notice.” | §91.001 |
| Renewal | “The landlord will offer renewal terms at least 60 days before the end date; the tenant’s acceptance must be in writing.” | Lease term; no statute |
| Early termination by statute | The sentence on family violence and military deployment or transfer, verbatim | §§92.016, 92.017 |
| Early termination by agreement | Reletting cost or a stated cancellation fee; §92.1031 governs what may be kept when a replacement tenant occupies on time | §92.1031 |
| Guarantor | A guarantor is liable only for the original term unless the lease states the last renewal date the guarantee covers | §92.021 |
Planning the calendar
- Day 1: copy of the lease to the tenant within three business days (§92.024); move-in record signed.
- Month 9 of 12: decide renewal terms; a rent change for the new term is a new offer, not a mid-term change.
- 60 days before the end: send the offer in writing and calendar the reply date.
- 30 days before the end: if no renewal, send the move-out instructions and ask for the forwarding address (§92.107).
- End date: inspect, photograph, re-key within seven days of turnover (§92.156), and start the 30-day refund clock (§92.103).
Early departures
A tenant who leaves before the end date owes rent for the remainder unless the lease or the statute says otherwise, but the landlord’s deposit accounting must still follow §92.104 — an itemised list of charges for which the tenant is legally liable, with no charge for normal wear. §92.1031 adds a rule for tenants who never move in: if a satisfactory replacement occupies on or before the start date, the landlord keeps only a lease cancellation fee stated in the lease or the actual cost of finding the replacement.
Frequently asked questions
What happens when a Texas fixed-term lease ends and the tenant stays?
With the landlord’s consent the tenancy becomes month to month under §91.001; without it the tenant is holding over and eviction requires the §24.005 notice (Property Code §91.001, §24.005).
Can a guarantor be held to a renewal?
Only if the original lease states the last date on which a renewal renews the guarantee and that the guarantor is liable under such a renewal (Property Code §92.021).
Can a tenant break a fixed-term lease without penalty?
In the situations §§92.016, 92.0161 and 92.017 describe — family violence with the required documents, certain sex offences or stalking, and military orders — yes; otherwise the lease governs (Chapter 92).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 91 — Provisions generally applicable to landlords and tenants (§91.001 notice for terminating certain tenancies) ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 24 — Forcible entry and detainer (§§24.005, 24.0051, 24.0053, 24.0061) ↗
- Texas State Law Library — Leases ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.