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Texas month-to-month termination notice
As of October 27, 2026, in Texas, notice ending a month-to-month rental takes effect on the date it names or one month after it is given, whichever comes later.
A Texas landlord suing a tenant who stays past the end of the tenancy must have met Section 91.001 and must also give a written notice to vacate before filing.1
Preview of the document
Month-to-Month Termination Notice
State of Texas
1. Notice to end a month-to-month tenancy
Date: Date. To: Tenant, and all other occupants. Property: Address, county County.
2. End of the tenancy
This notice ends your month-to-month tenancy of the property listed above, which began on Start date. Your tenancy will end on End date.
3. Notice period
4. Moving out
5. Rent until the tenancy ends
6. Security deposit
7. Questions
8. Signatures
9. Proof of delivery
Sections 3–9 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Texas’ rules, with sources
- State form
- The Texas one-month rule gives way when landlord and tenant signed an agreement setting a different notice period, or saying no notice is needed.2
- Deadlines
- Texas Property Code Section 91.001 lets either the landlord or the tenant end a month-to-month tenancy by giving the other a notice of termination.2
- With rent paid monthly, the Texas tenancy ends on the later of two days: the end date written in the notice, or one month after the notice was given.2
- Where rent is paid weekly or for another period shorter than a month, Texas measures the notice by the length of that rent-paying period instead.2
- Delivering the notice
- The Texas notice to vacate that precedes a holdover case goes by mail or delivery service, inside the home in a conspicuous place, by hand to a tenant 16 or older, or electronically if agreed in writing.1
- Where it is filed
- A Texas landlord suing a tenant who stays past the end of the tenancy must have met Section 91.001 and must also give a written notice to vacate before filing.1
- Taxes and fees
- If a Texas tenancy ends in the middle of a rent period, the tenant owes rent only up to the termination date.2
Questions about a Texas termination notice
How much notice ends a month-to-month lease in Texas?
One month for a tenancy with monthly rent, unless both sides signed something else. The end date is whichever is later: the date in the notice, or one month after the notice is given.
Texas law states the period in months, not days. Choosing an end date that falls on the last day of a rental month keeps the rent math simple, although the tenant owes rent only through the termination date either way.2
What happens if a Texas tenant stays after the month-to-month notice ends?
The landlord can file an eviction for holding over, but only after a correct Section 91.001 termination and a written notice to vacate of at least three days, unless the lease sets another period.
The case goes to the justice court for the precinct where the home is. The notice to vacate has to reach the tenant by one of the methods listed in Section 24.005.1,2
What to have at hand
- Property address, unit and county
- The date the tenancy began
- The last day of the tenancy, counted from your state’s notice period
- A mailing address where the tenant returns keys and sends a forwarding address
It is not for late rent or a lease violation, which take a different notice, and it does not end a fixed-term lease before its end date.
Where this information comes from
Texas’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Texas Property Code Chapter 24, Forcible Entry and Detainer Open the official page (opens in a new tab) ↩
- Texas Property Code Chapter 91, Provisions Generally Applicable to Landlords and Tenants Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.