Short answer: A Texas month to month lease ends when either you or the landlord gives notice, and the tenancy stops on the later of the date named in the notice or one month after the notice is given, under Tex. Prop. Code § 91.001. Texas does not require the end date to fall on the last day of a rental period, and you owe rent only up to the termination day. A signed agreement can change the notice period or drop it entirely.
That last point matters more in Texas than almost anywhere else. Under § 91.001(e), a notice period the two of you agreed to “in an instrument signed by both parties” replaces the statutory default, and so does a signed agreement that no notice is required. Pull out your lease before you do any date math.
Texas month to month lease rules at a glance
| Rule | Texas | Statute |
|---|---|---|
| Who can end a monthly tenancy | Either the tenant or the landlord, by notice to the other | § 91.001(a) |
| Notice length (monthly rent) | Ends on the later of the date in the notice or one month after notice is given | § 91.001(b) |
| Rent periods shorter than a month | Notice must run at least as many days as the rent period | § 91.001(c) |
| Mid-period end date | Allowed; rent owed only through the termination date | § 91.001(d) |
| Contracting out | A signed instrument can set a different period or no notice | § 91.001(e) |
| Notice to vacate before an eviction filing | At least 3 days’ written notice, unless the lease sets a different period | § 24.005(a)-(b) |
| Rent increase notice | No statute sets one | State Law Library FAQ |
| Retaliatory rent hike or termination | Barred for six months after protected tenant action | § 92.331 |
How you end up month-to-month in Texas
Section 91.001(a) applies to “a monthly tenancy or a tenancy from month to month.” In practice you reach that status in one of three ways:
- A written monthly agreement. The lease itself says the term runs month to month.
- An oral deal. You agree on rent with the owner, pay monthly, and nothing is signed. Chapter 24 treats an “oral rental agreement” the same way as a written lease for notice purposes (§ 24.005(a)).
- Staying after a fixed term. Your one-year lease runs out and you keep paying monthly. Many Texas forms convert you automatically; check the renewal paragraph.
If you stay on without any agreement at all, you may be a tenant “at will or by sufferance.” Section 24.002(a)(2) lets a landlord bring a forcible detainer case against that kind of occupant after a written demand for possession.
Notice rules for tenants and landlords
The one-month default runs both ways
Texas uses a single rule for both sides. Under § 91.001(b), when rent is paid monthly or for a longer period, the tenancy ends on whichever comes later: the day stated in the notice, or one month after the day the notice is given. So a notice that names a date too soon is not void; it simply takes effect one month after delivery instead.
The statute counts a calendar month from delivery, not 30 days and not to the end of a rental period. That is different from states that tie termination to the last day of a rent cycle.
No statewide just-cause rule
Nothing in Chapter 91 requires the landlord to give a reason for ending a month-to-month tenancy. The main limit is retaliation. Under § 92.331(b), a landlord may not, within six months after you in good faith request repairs, complain to a code-enforcement agency, exercise a legal remedy, or join a tenant organization, respond by increasing your rent or terminating your lease.
When and how to deliver notice
Section 91.001 does not spell out a form, but there are two reasons to always put it in writing. First, you need proof of the delivery date, because that date starts the one-month clock. Second, if the landlord later files to evict a holdover tenant, § 24.005(a) says the landlord “must also comply with the tenancy termination requirements of Section 91.001,” so the termination notice becomes evidence.
For the separate notice to vacate that precedes an eviction suit, the 2025 amendments (S.B. 38, effective January 1, 2026) list the delivery methods in § 24.005(f-3): mail (first class, registered, certified, or a delivery service), delivery to a conspicuous place inside the unit, hand delivery to a tenant aged 16 or older, or email or other electronic means if the parties agreed in writing. Using one of those methods for your own termination notice is a sensible way to create a record.
A worked example with Texas dates
Ramona rents a one-bedroom in Houston for $1,350 a month, due on the first. Her lease expired last year and she has been month-to-month since, with no renewal clause on notice. On Tuesday, March 10, she hands her landlord a letter saying she will move out March 31.
- Date in her notice: March 31.
- One month after notice: April 10.
- Result under § 91.001(b): the later date, April 10, is when the tenancy ends.
- Rent owed: because § 91.001(d) limits liability to the termination date, Ramona owes for April 1 through April 10, not all of April. On a 30-day month that is 10/30 of $1,350, or $450.
If Ramona had delivered the letter on February 28 instead, the one-month mark would be March 28, so her March 31 date would control. Run your own dates through the notice deadline calculator before you sign a new lease elsewhere.
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
Rent increases and other changes
Texas has no statute setting how far ahead a landlord must announce a rent increase. The Texas State Law Library’s rent-increase FAQ says there are no state laws that stop a landlord from raising rent by any amount once a lease term is up, and it points to the retaliation bar in § 92.331 as an exception.
For a month-to-month tenant, the practical floor comes from § 91.001 itself. If you have not agreed to the new rent, a landlord who wants to force the change has to end the existing tenancy with proper notice and offer a new one. Many leases include a clause allowing changes on written notice, so read yours. Local caps are rare: under Tex. Loc. Gov’t Code § 214.902, a city may adopt rent control only after finding a disaster-related housing emergency, and only with the governor’s approval.
Week-to-week and other short tenancies
If you pay weekly or every two weeks, § 91.001(c) applies. The tenancy ends on the later of the date in the notice or the day after a period equal to the number of days in the rent-paying period. For a weekly tenant, that means at least seven days counted from delivery. The same mid-period rule in subsection (d) applies, so rent stops at the termination date.
Holding over after notice runs out
Once the tenancy ends and you have not moved, you are holding over. The landlord must then serve at least three days’ written notice to vacate under § 24.005(a) before filing a forcible detainer suit in justice court, unless your lease sets a shorter or longer period. We found no double-rent penalty for residential holdovers in Chapters 24, 91 or 92, so whatever your lease says about holdover rent is the starting point. Holding over also costs you the retaliation defense: § 92.332(b)(4) says an eviction because you stayed after giving your own notice to vacate is not retaliation. If you are behind on rent, the notice rules in § 24.005 change again; see our eviction process by state guide.
Frequently Asked Questions
Does a Texas month-to-month notice have to end on the last day of the month?
No. Section 91.001(b) ends the tenancy on the later of your stated date or one month after delivery, and subsection (d) says you owe rent only up to that date. A notice delivered on the 17th can end the tenancy on the 17th of the next month.
My lease says I must give 60 days’ notice. Is that legal in Texas?
Usually yes, if you and the landlord both signed it. Section 91.001(e) lets the parties agree “in an instrument signed by both parties” on a different notice period, or on no notice at all. An unsigned house rule would not qualify.
Can my Texas landlord end my month-to-month tenancy without a reason?
Generally yes, with the one-month notice in § 91.001. The exception is retaliation: § 92.331 bars terminating your lease or raising your rent within six months after protected actions such as a good-faith repair request.
Is a verbal month-to-month agreement enforceable in Texas?
Yes. Chapter 24 expressly covers tenants under an “oral rental agreement,” and § 91.001 applies to any tenancy from month to month. The challenge is proof, so keep rent receipts and texts that show the terms.
Can a Houston or Austin ordinance give me more notice?
State law sets the default. Check whether your city has adopted any tenant notice ordinance and whether it survives state preemption; the Houston tenant rights guide covers local rules there.
Your next step
Before you send notice, find the renewal or holdover paragraph in your lease and see whether it sets its own signed notice period. If it does not, date your letter, deliver it by one of the § 24.005(f-3) methods, keep a copy, and mark the date one month later as your earliest end date. Plan for your deposit using our Texas security deposit law guide, and compare other states on the month-to-month lease laws by state hub. This page is general legal information, not legal advice; for help with your situation, use LSC’s legal help finder.