Month-to-month rental agreements in Texas

A month-to-month tenancy in Texas ends on one month’s notice from either side unless a signed agreement says otherwise, and every other rule of a written lease — rent, late fees, deposit, repairs — applies to it exactly as to a twelve-month term. Property Code §91.001 sets the notice: “a monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other,” and where the rent period is at least a month the tenancy ends on the later of the date in the notice or “one month after the day on which the notice is given.” The parties may agree in a signed instrument to a different period or to no notice at all (§91.001(e)).

What §91.001 does and does not decide

It decides the notice period and the rent owed after termination: if the tenancy ends mid-period, “the tenant is liable for rent only up to the date of termination” (§91.001(d)). It does not decide how notice is delivered, whether rent can change, or what happens to the deposit — those come from the lease and from Chapter 92. A landlord who wants notice in writing, or thirty days rather than “one month,” writes it into the agreement; without a written term the statute governs.

Writing the agreement

1. State that the tenancy is month to month and name the rent period (the calendar month is simplest).
2. Set the notice period and the method: “written notice delivered by [method] at least one month before the last day of a rent period.” If you want a different period, both parties must sign it (§91.001(e)).
3. Say how rent may change: a rent change is a new term, so give it with the same notice as termination and in writing — Texas has no rent control outside a governor-approved disaster ordinance (Local Government Code §214.902).
4. Keep the late-fee clause: §92.019 still requires a written clause, a reasonable fee and two full days of grace.
5. Keep the deposit rules: refund within 30 days of surrender after a written forwarding address (§§92.103, 92.107) — the short term does not shorten the clock.
6. Attach the same notices as any lease: flood (§92.0135) and lead (pre-1978).

Ending it cleanly

Give the notice in writing even if the agreement allows oral notice, date it, and name the last day. A tenant who stays past the termination date is holding over; an eviction for holdover still requires the three-day notice to vacate under Property Code §24.005 and compliance with §91.001. A landlord who wants the tenant out for non-payment uses the §24.005 notice to pay rent or vacate, not a §91.001 termination.

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 Local Government Code §214.902 — Rent control ↗
• Texas State Law Library — Ending the lease ↗

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.