Ending a month to month tenancy in Texas
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.
Build the termination notice, $19
The rule
Property Code 91.001: a monthly tenancy may be terminated by the tenant or the landlord giving notice at least one month before the day on which the tenancy terminates. If the rent period is shorter, the notice period equals the rent period. The lease may set a different period in writing.
Timing it
For rent due on the first, a notice delivered on or before the last day of the month ends the tenancy at the end of the following month. Delivered mid month, the safe termination date is the end of the next full month. Rent stays due through the termination date.
If the tenant stays
Deliver a notice to vacate for holding over, wait the 3 days, and file. New 24.005(a) makes the 91.001 termination a prerequisite to a holdover eviction, so keep proof of both notices.
Questions landlords ask
Do I need a reason to end a month to month tenancy in Texas?
No, but the termination cannot be retaliation for a repair request or complaint under Property Code 92.331.
Can I give 30 days mid month?
You can deliver it any day, but the termination date must be at least one month out, so most landlords set it at the end of the following month to avoid a dispute.
Does the tenant have to give me notice too?
Yes. The same one month rule applies to the tenant.
Sources
- Texas Property Code 91.001
- SB 38 enrolled text (Acts 2025, 89th Leg., ch. 960)
- Texas State Law Library, The Eviction Process
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.