A move-out runs on notices with statutory clocks. For a month-to-month tenancy, Property Code §91.001 requires one month’s notice from either side unless a signed agreement sets a different period; for a fixed term, the lease sets the notice of non-renewal. The deposit clock follows: refund within 30 days of surrender once the tenant gives a written forwarding address (§§92.103, 92.107), and any condition that the tenant give advance notice of surrender is enforceable only if underlined or in conspicuous bold in the lease (§92.103(b)). The checklist puts the dates in order.
The checklist
| Notice | From | When | Content |
|---|---|---|---|
| Non-renewal or termination | Either party | Lease period for a fixed term; one month for month-to-month (§91.001) | Last day of tenancy; reference to the lease clause |
| Move-out instructions | Landlord | On receiving or giving notice | Cleaning standard from the lease; inspection date; key return; forwarding-address form; utility close-out |
| Advance notice of surrender (if the lease requires it as a refund condition) | Tenant | As the underlined or bold clause states | Date of surrender |
| Forwarding address | Tenant | At or before surrender | Written statement of the new address (§92.107) |
| Key receipt | Both | Surrender day | Date and time; keys returned; meter readings |
| Deposit accounting | Landlord | Postmarked within 30 days of surrender and the forwarding address | Balance and itemised deductions (§92.104) |
Delivering notices
- Use the method the lease names; if the lease is silent, written notice delivered in a way you can prove — hand delivery with a signed copy, mail with a receipt, or e-mail where the parties have used it.
- Count the period from delivery, not from the date on the letter.
- Name the last day explicitly; “30 days from today” invites arithmetic disputes.
- Keep a copy of every notice with its proof of delivery in the tenancy file.
Holdover
A tenant who stays past the last day is holding over; possession is recovered only through the eviction process, which for a holdover requires the notice to vacate under Property Code §24.005 and compliance with §91.001’s termination rules. A landlord who accepts rent after the last day risks creating a new month-to-month tenancy — decide, and say, whether payment is accepted as rent or as use and occupancy pending the tenant’s departure.
Frequently asked questions
How much notice must a Texas tenant give to move out?
For a month-to-month tenancy, one month unless a signed agreement sets a different period; for a fixed term, whatever the lease requires (Property Code §91.001).
Can the lease require notice as a condition of the deposit refund?
Yes, but only if the requirement is underlined or printed in conspicuous bold in the lease (Property Code §92.103(b)).
When is the deposit due after move-out?
Within 30 days of surrender, once the tenant has given a written forwarding address (Property Code §§92.103, 92.107).
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 — Moving out ↗
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.