Texas: Month-to-Month Tenancy Termination Notice Requirements

Requirements one by one

Governing law

Texas keeps the rule in one short statute: Property Code § 91.001, "Notice for
Terminating Certain Tenancies." It applies to "a monthly tenancy or a tenancy from
month to month" and, unusually, treats the landlord and the tenant identically —
there is no separate landlord clock. Texas has no statewide "just cause" law and no
standalone residential-termination act layered on top, so for an ordinary no-fault
move-out this one section is the whole state-law story. (The 2025 overhaul of Texas
eviction procedure, SB 38, rewrote Chapter 24; it did not change § 91.001.)

Landlord's notice period

Either side ends the tenancy "by giving notice of termination to the other"
(§ 91.001(a)). For a monthly tenancy — a rent-paying period "at least one month" —
the tenancy ends on the later of two dates: the day named in the notice, or "one
month after the day on which the notice is given" (§ 91.001(b)). In practice that
means about a month's notice. There are no tiers based on how long the tenant has
lived there, and the landlord and tenant owe the same amount — but as the next
sections explain, the lease can rewrite all of this.

When termination takes effect

Texas counts from the notice, not from the calendar. Unlike states that force the
end date onto the last day of a rental period, § 91.001(b) ends the tenancy one
month after notice is given (or on a later date you name). If that day falls in the
middle of a rent-paying period, you are not stuck paying for the whole period:
"the tenant is liable for rent only up to the date of termination" (§ 91.001(d)).
For a tenancy shorter than monthly — say week to week — the period instead equals
"the number of days in the rent-paying period" (§ 91.001(c)).

Form and required contents

Section 91.001 requires only that a party "giv[e] notice of termination." It does
not say the notice must be in writing, and it lists no mandatory contents. That is a
real contrast with states like California, whose statute dictates specific notice
language. In Texas the safe practice is still a dated written notice — and most
leases require writing — but the requirement comes from the lease, not the statute.
The statute is likewise silent on how to deliver the notice, so the method follows
the lease and general law; keep proof of when you gave it, because the one-month
clock runs from "the day on which the notice is given."

What the lease can change

This is where Texas is distinctive: the lease can override the statute outright.
Subsections (a) through (d) "do not apply" if the landlord and tenant "have agreed
in an instrument signed by both parties on a different period of notice to terminate
the tenancy or that no notice is required" (§ 91.001(e)(1)). So a signed lease can
make the notice longer, shorter, or eliminate it entirely — the most lease-driven
rule among the states in this survey. Read your lease first; its termination clause,
if you signed one, usually wins over the one-month default.

Just-cause limits

There is no statewide just-cause requirement in Texas. A landlord ending a
month-to-month tenancy for no stated reason needs only to give the § 91.001 notice;
no relocation payment or stated cause is required by state law. The statute's rules
also step aside where "there is a breach of contract recognized by law"
(§ 91.001(e)(2)) — a for-cause removal runs through the separate eviction
(forcible-detainer) process instead. Because there is no penalty statute here, a
defective notice is a contract or common-law dispute, not a statutory-damages claim.

What trips people up

The lease usually wins. Section 91.001(e)(1) lets a signed lease set a different
notice period or say none is required. Before counting on the one-month default,
check whether your lease already fixes the notice — most do, and that clause
controls.

"One month" is measured from the notice, and rent prorates. The tenancy ends one
month after you give notice (or a later date you name), not on the first or last of
the month. If it ends mid-period, you owe rent only through that date (§ 91.001(d)),
not for the whole month.

Enough notice is not the same as a lawful eviction. Giving § 91.001 notice ends
the tenancy, but if the tenant does not leave, the landlord still cannot use
self-help — no lockouts or utility shutoffs. Getting possession requires the court
eviction (forcible-detainer) process, which has its own separate notice-to-vacate
step.

Common questions

How much notice do I give to end my Texas month-to-month lease? Check your lease
first — a signed lease can set the period or waive notice (§ 91.001(e)). If it does
not, the default is one month: the tenancy ends on the later of the date you name or
one month after you give notice (§ 91.001(b)).

Does the tenancy have to end on the first or last of the month? No. Texas counts
one month from the notice, and if the end date falls mid-period you owe rent only
through that day (§ 91.001(d)).

Does my landlord need a reason to end a month-to-month tenancy? Not under Texas
state law. There is no statewide just-cause rule, so a no-cause termination with
proper § 91.001 notice is allowed (a for-cause removal instead goes through the
eviction process).

Can my lease require more than one month's notice? Yes. Section 91.001(e)(1) lets
the parties agree in a signed instrument on "a different period of notice," which can
be longer or shorter than the statutory month.

Statutes and sources

• Tex. Prop. Code § 91.001 — notice for terminating a monthly or month-to-month tenancy: either party may terminate (a); one-month rule for monthly tenancies (b); shorter-period rule (c); rent prorated to the termination date (d); and the signed-lease override, including "no notice required" (e).
  https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PR&Value=91.001 (accessed 2026-07-15)