Prorated rent is the monthly rent divided by the number of days in the method the lease names, multiplied by the days occupied. Texas law does not choose the method; Property Code §91.001(d) only settles the principle for a terminated monthly tenancy — “the tenant is liable for rent only up to the date of termination.” Because two reasonable methods give different figures, the lease must state one, and the same method should be used at move-in and at move-out.
The three common methods
| Method | Daily rate | Prorated rent | Note |
|---|---|---|---|
| Actual days in that month | $1,500 ÷ 30 = $50.00 | $550.00 | Changes with the month (28–31 days) |
| Banker’s 30-day month | $1,500 ÷ 30 = $50.00 | $550.00 | Same in every month; differs from actual in February and 31-day months |
| Annual (365-day) method | $1,500 × 12 ÷ 365 = $49.32 | $542.47 | Consistent all year; used by many management firms |
Writing the clause
- “Rent for any partial month is prorated on the basis of [the actual number of days in that month / a 30-day month / a 365-day year].”
- “The first month’s prorated rent of $___ is due at signing; full rent is due on the first of each month thereafter.”
- State whether a move-out in mid-month is charged by the same method (it should be) and whether a month-to-month termination follows §91.001(d).
- Round to the cent and show the arithmetic on the first invoice; the tenant will check it.
Two cases that trip people up
Move-in on the 31st: under the 30-day method there is no “day 31,” so state that the first day is charged at the daily rate. February: under the actual-days method the daily rate is higher; under the 365-day method it is the same as any other month. Pick one and keep it.
Frequently asked questions
How is prorated rent calculated in Texas?
By the method the lease states — actual days in the month, a 30-day month, or a 365-day year — multiplied by the days occupied; Texas law sets no method (Property Code §91.001(d) sets only the principle for terminated monthly tenancies).
Is rent prorated at move-out?
For a month-to-month tenancy ending mid-period, yes — the tenant owes rent only to the termination date (§91.001(d)); for a fixed term, the lease governs.
Which method is fairest?
The 365-day method is consistent across months; the actual-days method matches the calendar. Either is fair if stated in advance and applied both ways.
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 State Law Library — Rent ↗
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.