Texas holdover tenants: three days' written notice to vacate, a month-to-month rule and a lease that can change both
A Texas tenant who stays after the lease ends is a holdover tenant, and Property Code 24.005(a) requires the landlord to give at least three days' written notice to vacate before filing a forcible detainer suit, unless the parties contracted for a shorter or longer period in a written lease or agreement. A landlord who sues on holdover grounds must also comply with the termination requirements of Section 91.001.
What notice does a holdover need?
Section 24.005(a): "If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement." A landlord who files "on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001."
For a tenant at will or by sufferance (the person who stayed after a lease with no new agreement), subsection (b) also requires at least three days' written notice to vacate unless a different period is agreed in writing.
How does section 91.001 fit in?
Section 91.001 covers monthly tenancies. A month-to-month tenancy may be terminated by the tenant or landlord giving notice, and if the rent-paying period is at least one month, the tenancy ends on the later of the day given in the notice or one month after the day the notice is given (subsection b). If the end date does not match the start or end of a rent-paying period, the tenant owes rent only up to the date of termination (d). Subsection (e) lets the parties agree in a signed instrument on a different notice period or on no notice.
Example a made-up Houston owner whose month-to-month tenant pays on the 1st delivers a termination notice on March 10. One month after March 10 is April 10, which is later than any earlier date the notice might name, so the tenancy ends April 10 unless the lease sets another period. The tenant owes rent only up to April 10. The owner can give the 3-day notice to vacate after that date and then file.
How must the notice be delivered?
Section 24.005(f-3), in force since January 1, 2026, requires delivery by mail (including first class, registered, certified or a delivery service), by delivery to the inside of the premises in a conspicuous place, by hand delivery to any tenant of the premises 16 or older, or, if the parties agreed in writing, by electronic communication. Under (f-4), those methods do not matter if the tenant actually receives the notice.
What do you charge for the days after the term?
The sections read for this post set no statutory holdover rent or double-rent formula for Texas residential tenants. Many leases include a holdover rate, which is a lease term, so write it clearly and keep it reasonable. Do not change the locks or cut utilities; Property Code 92.008 and 92.0081 attach a penalty of one month's rent plus $1,000 to that. One habit protects you in every state: decide before the lease ends whether the tenant is staying, leaving or moving to month-to-month, put that decision in writing, and be careful about what you do with rent that arrives after the end date.
How DoorKeeping helps in Texas
DoorKeeping keeps each lease's end date, renewal offer and ledger together, so you can ask Claude or ChatGPT which leases ended last week and who is still living in the unit. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
- Texas Property Code Chapter 24, Forcible entry and detainer, section 24.005 (Texas Legislature), read Oct 30, 2026
- Texas Property Code Chapter 91, section 91.001, Notice for terminating certain tenancies (Texas Legislature), read Oct 30, 2026
- Texas Property Code Chapter 92, sections 92.008 and 92.0081 (Texas Legislature), read Oct 30, 2026
Questions
- How much notice before filing against a Texas holdover tenant?
- At least three days' written notice to vacate, unless a written lease or agreement sets a shorter or longer period (Prop. Code 24.005(a)).
- Does Texas have a double rent holdover statute?
- Not in the sections read for this post. Holdover rent is a matter for the lease.
- What ends a Texas month-to-month tenancy?
- Notice under Property Code 91.001: the later of the date in the notice or one month after the day notice is given, unless a signed agreement says otherwise.