Notice to Terminate a Month to Month Tenancy
Either side ends a Texas month to month tenancy by giving notice at least one month before the termination date under Property Code 91.001.
- ✓Termination date tied to the rent period so the notice is not short
- ✓Language that preserves your right to a holdover eviction if the tenant stays
- ✓Declaration of delivery
- ✓Your dates and what to do if the tenant does not leave
Not sure this is the right notice? Answer three questions.
NOTICE OF TERMINATION OF MONTH TO MONTH TENANCY
Date: October 24, 2026
To: Tenant name(s) and all other occupants
Premises: Street address, unit, city, Texas ZIP
You are hereby notified that your month to month tenancy of the premises described above is terminated effective Monday, November 23, 2026.
This notice is given at least one month before the termination date as required by Texas Property Code Section 91.001. You must vacate and surrender possession of the premises, remove all personal property, and return all keys no later than 11:59 p.m. on Monday, November 23, 2026.
Rent remains due through the termination date. If you remain in possession after Monday, November 23, 2026, the landlord may deliver a notice to vacate and file an eviction suit for holding over in the Justice Court of County, Texas.
Given under Texas Property Code Section 91.001.
Questions landlords ask
Can I evict someone in Texas with no written lease?
Yes. A tenant with no written lease is month to month, so you terminate with one month's notice first, then deliver a notice to vacate if they hold over.
Do I need a reason to end a month to month tenancy?
No. Texas does not require cause, but the notice cannot be retaliation for a repair request or complaint under Property Code 92.331.
Does the tenant owe rent during the notice month?
Yes. Rent is due through the termination date.
Statutes last reviewed 2026-10-24. Sources: SB 38 enrolled text; Texas Supreme Court Misc. Docket 25-9105 (Rule 510); Texas State Law Library.