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Texas month-to-month lease agreement
Written for Texas law, checked September 24, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Texas rules that apply
- Ending a month-to-month tenancy
- 1 month
- or the later day named in the notice
- Tex. Prop. Code § 91.001
- Rent increase notice
- None set
- chapters 91 and 92 set none, so the lease governs
- Tex. Prop. Code ch. 91Tex. Prop. Code ch. 92
Ending a month-to-month tenancy
Either party can end a month-to-month tenancy by notice. When rent is paid monthly, the tenancy ends on the later of the day named in the notice or one month after the notice is given; with a shorter rent period, such as weekly, the minimum is one full rent period. The parties may agree to a different notice period, or to none, in a document both sign.
Tex. Prop. Code § 91.001 Tex. Prop. Code § 24.005
More detail (3)
- If the tenancy ends partway through a rent period, rent is owed only through the termination date. Tex. Prop. Code § 91.001(d)
- To evict a tenant who holds over after the tenancy ends, give the 24.005 notice to vacate and also meet 91.001. Tex. Prop. Code § 24.005(a) Tex. Prop. Code § 91.001
- A landlord may not end a tenancy to retaliate within six months after a tenant's protected action. Tex. Prop. Code § 92.331
The lease restates the 91.001 rule and, as a lease term, requires the notice in writing at least 30 days before the day it names.
Rent increases
Not set by statuteNo section of Property Code chapters 91 or 92 sets a notice period or a limit for rent increases, so the lease governs the rent for its term.
Tex. Prop. Code ch. 91 Tex. Prop. Code ch. 92
More detail (5)
- A landlord may not raise the rent to retaliate within six months after a tenant's protected action, such as a good-faith repair request or a complaint to a code agency. Tex. Prop. Code § 92.331
- If, at lease signing or renewal, a tenant gives written notice that the rental is not their primary residence, requests notices at their primary residence and supplies that address, mail end-of-term rent-increase notices there. Section 92.012 does not apply when notice is actually hand delivered to and received by a person occupying the rental. Tex. Prop. Code § 92.012
- Either party may end a month-to-month tenancy by notice. Tex. Prop. Code § 91.001 See Ending a month-to-month tenancy on the Texas page
- Cities may adopt rent control only under narrow emergency conditions. Tex. Loc. Gov't Code § 214.902 See Rent control and local rules on the Texas page
- For that primary-residence notice, regular United States mail is allowed and the notice counts as given on its postmark date. The tenant must report a change of primary-residence address in writing; an oral update is insufficient. With multiple tenants, the section does not require notices to the primary residence of more than one. These rules do not create a general three-day mailing extension or a separate rent-increase notice period. Tex. Prop. Code § 92.012