A Texas month-to-month lease agreement works differently from a standard fixed-term residential rental agreement. Rather than locking in a long-term contract, landlords use a month-to-month lease (also called a tenancy at will) that renews every month. This type of lease offers more flexibility but requires careful attention to notice periods, disclosures, and state-specific rules.
Disclosures (7)
Certain disclosures must accompany a Texas month-to-month lease agreement. These disclosures help limit the landlord’s liability, keep tenants informed, and ensure everyone is on the same page from the start.
Note: The only federally required landlord disclosure requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. The Texas legislature decides the rest of the required disclosures.
- Lead-based paint: Federal law requires landlords to notify tenants about any lead-based paint and its hazards for homes built before 1978.
- Copy of lease: Texas landlords must provide a copy of the lease to tenants within 3 business days of signing (92.024).
- Owner details: Landlords must provide tenants with the property owner’s name and contact information and/or the details of the company that manages the rental (92.201).
- Early termination clause: A Texas month-to-month lease agreement must include a clause that states tenants may be able to terminate their lease early under certain circumstances (92.016.f).
- Parking agreements: If the rental has multiple units, tenants must be given the parking and towing rules before signing their lease (92.0131).
- Tenant remedies: A Texas month-to-month lease agreement must include verbiage that explains a tenant’s rights if the landlord fails to meet or uphold their obligations (92.056.g).
- Floodplain risk and history: Texas landlords are required to disclose if the rental is in a 100-year flood plain as defined by FEMA. This form must also indicate if the property has flooded within the last five years (92.0135).
Optional Disclosures and Addenda
Texas law does not require these additional disclosures; however, landlords often include them to prevent conflicts and limit liability in the event of issues.
Asbestos: Informs tenants of any asbestos-related hazards that may be present on the property, as well as ways to reduce their risk.
Bed bugs: Informs tenants of any history of bed bug infestations in the unit or adjacent units.
Medical marijuana use: Outlines the policy regarding the use of medical marijuana in the unit, as some states allow landlords to restrict its use.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, as well as treatment options.
Move-in checklist: Catalogs the condition of the unit at move-in (including any existing damages) to help ensure accurate deductions at move-out.
Non-refundable fees: Landlords must clearly outline any non-refundable fees in the lease; if they don’t, they may need to refund those fees at move-out.
Shared utilities arrangement: If tenants share utilities, the landlord must explain how they will split the costs.
Smoking: Outlines the smoking policy in the unit, including any designated smoking areas on the property.
Additional Texas Month-to-Month Lease Laws
In addition to disclosures, Texas law includes other requirements for month-to-month lease agreements. These laws cover notices, rent increases, lease violations, security deposits, and more. While it may feel overwhelming, we’re here to help. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
Flexibility is one of the most significant benefits of a Texas month-to-month lease agreement, but that doesn’t mean it comes without rules. With no set end date in place, both landlords and tenants have specific requirements they must meet to terminate their agreement.
Required notice for the tenant: In Texas, tenants must give at least 30 days’ written notice to terminate their rental agreement.
Required notice for the landlord: Similarly, landlords must also give at least 30 days’ written notice to terminate the agreement.
Laws Governing Rent Increases
A month-to-month lease typically gives landlords more flexibility with rental details, including increasing the rent. As rent control laws do not exist in Texas, landlords in the state have the flexibility to adjust their rental rates as needed.
There are no state laws that limit the amount landlords may increase their rent. However, in a month-to-month agreement, landlords are required to give at least 30 days’ notice before any rent increase.
Lease Violations and Eviction
A lease violation can happen to even the best tenant from time to time. Knowing your rights can help you get back on track quickly while limiting any losses.
Missed rent payment: Once a rent payment is considered late after the grace period, landlords may charge a late fee or deliver a 3-day notice to quit (Tex. Prop. Code § 24.005(a)).
Lease violation: For a lease violation, landlords are not required to allow a tenant to cure the violation and may issue a 3-day notice to quit (Tex. Prop. Code § 24.005(b)).
Lease abandonment: Tenants who abandon their lease early and without just cause may be liable for rent owed, as well as late fees and repair costs.
Self-help evictions: While Texas landlords are allowed to change the locks in the rental under certain circumstances, tenants must still have access to the new keys. In general, self-help evictions are considered illegal and should not be attempted (Tex. Prop. Code § 92.0081).
Rent Payment Laws
Even with increased flexibility, landlords must still follow state laws on rent payments. Keep these laws in mind when creating your rental agreement template.
Late rent fees: In Texas, late rent fees must be “reasonable,” usually meaning no more than 12 percent of the monthly rent for buildings with four or fewer units, or 10 percent for buildings with five or more units (Tex. Prop. Code § 92.019).
Grace period: Texas requires a 2-day grace period for all late rent payments (Tex. Prop. Code § 92.019).
Tenant’s right to withhold rent: If the landlord does not remedy a condition that poses a threat to the health and/or safety of a tenant, tenants may withhold rent up to $500 or less than 1 month’s rent, whichever is greater (Tex. Prop. Code § 92.0561b).
Pet rent laws: Texas landlords are permitted to charge pet rent, as long as the lease agreement clearly outlines the amount and conditions.
Security Deposits
Most landlords choose to charge a security deposit to help offset any costs of potential damages beyond normal wear and tear. These deposits often come with their own set of rules, including how much you can charge and when you have to return the funds.
Maximum amount: Texas law does not limit the amount that landlords may charge as a security deposit.
Deposit receipt: Landlords are not required to provide tenants with a receipt for their security deposit payment in Texas.
Security deposit return: All security deposit funds, minus any deductions, must be returned to the tenant within 30 days of terminating the lease (Tex. Prop. Code § 92.103).
Deductions: Landlords may make deductions from the security deposit to help cover damages and repairs. Assuming the tenant does not owe back rent, these deductions must be itemized and detailed, with descriptions of each deduction given (Tex. Prop. Code § 92.104).
Property Access Laws
From time to time, landlords may have to enter their rental units, whether for an emergency or for routine maintenance and repairs. Landlords must follow specific laws to avoid conflict and maintain good relationships.
Advance notice: Texas law does not specify how much notice must be given to tenants to enter the unit; however, at least 24 hours’ advance notice is considered best practice.
Immediate access: In an emergency, Texas landlords may immediately access the property.
Harassment: Failure to follow these rules, whether repeatedly entering the unit without just cause or without giving proper notice, can be considered landlord harassment. In these cases, a tenant may be able to terminate their lease early and without adequate notice legally.
