Texas Month-to-Month Lease Agreement

Last Updated: December 13, 2023 by Roberto Valenzuela

A Texas month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.

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For information about fixed-term leases in Texas (i.e., a term of one year or more), click here.

Basics of a Texas Month-to-Month Rental Agreement

In Texas, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy full rights under Texas landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in Texas

Texas landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

  • Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
  • Parking Rules Disclosure – Texas landlords of a multi-unit property who seek to enforce parking rules or vehicle towing must provide a copy of the rules in or alongside the rental agreement.
  • Late Fee Disclosure – For a landlord to collect a late fee, it must be outlined in the rental agreement and the fee must be “reasonable.”
  • Emergency Phone Number Notice – Texas requires that property management companies and landlords provide a 24-hour emergency phone number for emergency reporting.
  • Right To Repairs Notice – Texas law requires that the lease disclose a tenant’s repair and deduct remedies. The information must be provided in bold or underlined text and be clearly visible in the rental agreement.
  • Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in Texas

Texas lets both the landlord or tenant terminate a month-to-month lease with at least one month of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

Texas requires written notice to end a month-to-month lease. There are special notice delivery requirements; in most cases notice must be either mailed, or given personally to the tenant.

Required Notice To Raise the Rent on a Texas Month-to-Month Lease

Texas requires written notice for a rent increase, but there isn’t a particular guideline in the law for a specific amount of advance notice. This means in most cases it’s reasonable for a landlord to keep the same standards for advance notice on a rent increase as for termination or other significant lease changes, which in Texas is one month.

Eviction in Texas Month-to-Month Rentals

Texas tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Texas typically take one to three months.

For more information on the eviction process in Texas, click here.

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