Texas month-to-month termination notice: how the one-month rule works
In Texas, a landlord or tenant ends a month-to-month tenancy by giving notice, and the tenancy ends on the later of the day named in the notice or one month after the day the notice is given (Property Code 91.001). A written lease can set a different notice period, or none at all. So the first thing to read is what your signed lease says about notice.
How long is the notice in Texas?
Section 91.001(a) lets either side end a monthly tenancy by giving notice. Under (b), if the rent-paying period is at least a month, the tenancy ends on whichever is later: the day the notice gives for termination, or one month after the day notice is given.
The notice does not need to line up with the rent due date. If it ends the tenancy in the middle of a period, subsection (d) says the tenant owes rent only up to the date of termination.
Example a made-up landlord hands the tenant a notice on June 10 that says the tenancy ends June 30. One month after June 10 is July 10, which is later than June 30, so the tenancy ends July 10, not June 30. If the notice named July 31, that date is later than July 10 and controls.
What about week-to-week rent?
Subsection (c) covers a rent-paying period shorter than a month. The tenancy ends on the later of the day in the notice or the day after a stretch of days equal to the length of the rent-paying period. For weekly rent, that is a week of notice.
Can the lease change the notice period?
Yes. Subsection (e) says the default rules in (a) to (d) do not apply if the landlord and tenant agreed, in an instrument both signed, on a different period of notice or that no notice is required. They also do not apply where there is a breach of contract recognized by law.
Check the lease first. A signed clause that asks for 60 days, or 30 days exactly, controls over the one-month default. And a clause only counts if both signed it.
A clean way to end a month-to-month tenancy
- Read the lease for a notice clause.
- Write the notice with the tenant name, the address, the date you give it and the move-out date.
- Choose a move-out date at least one month after the day you deliver it, unless the lease says otherwise.
- Deliver it the way the lease says and keep proof of the date.
- Do not accept rent for days after the end date without deciding what that means for the tenancy. Ask your own attorney if unsure.
This statute covers ending the tenancy by notice. It does not remove a tenant who stays. For that you need an eviction case, covered in our Texas eviction guide. Retaliation and fair housing rules apply to a notice too.
What mistakes cause a Texas notice to fail?
The most common is counting from the wrong day. The one-month period runs from the day notice is given, not from the next rent date. A notice delivered on the 28th that names the 30th does not end the tenancy on the 30th.
The second is ignoring the lease. If your signed lease says 60 days, the statute's one month does not help you. The third is not keeping proof of delivery. A tenant who denies receiving a notice makes the date uncertain, and the date is the whole question.
Finally, remember the tenant can end the tenancy the same way. If a tenant gives you notice, the same one-month rule applies, and rent is owed only up to the date of termination, so a tenant who leaves mid-month owes a prorated amount rather than a full month.
How DoorKeeping fits
Ask Claude or ChatGPT to draft the notice from the lease and the date you will deliver it, then approve it before it goes to the tenant. Anything that is a legal step waits for your one-tap approval. Rent and payments stay in your own bank accounts. This is general information, not legal advice. Check the statute and your lease, or ask your own attorney, before you act.
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Questions
- How much notice does a Texas landlord give to end a month-to-month tenancy?
- The tenancy ends on the later of the date in the notice or one month after the notice is given, unless the written lease says otherwise.
- Does the notice have to match the rent due date in Texas?
- No. If the tenancy ends mid-period, the tenant owes rent only up to the termination date.
- Can a Texas lease require a different notice period?
- Yes, if both parties signed an agreement for a different period, or for no notice.