A Texas month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Texas (i.e., 1-year), click here.
How do Texas Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Texas landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Texas either party may terminate a month-to-month lease agreement by giving at least 1 month’s notice. The tenancy will end one month after the day on which the notice is given. Tex. Prop. Code § 91.001
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
In Texas, there is no state statute on the amount of notice that needs to be given for a rent increase. However, it is customary for a landlord to provide at least a 30 days’ notice for the rent increase. In Texas, the law states that the prior notice must be given in person or by mail.
If the delivery is made in person, it must be delivered to a person who is 16 years or older and they must live at the dwelling unit. If no person can be found, a copy may be affixed to the inside of the main entry door. If the notice will be mailed, then the notice must be sent by regular mail, registered mail, or by certified mail, return receipt requested. If the dwelling unit has no mailbox, a keyless bolting device, an alarm system or a dangerous animal that will prevent the landlord from entering the premises to leave a copy inside the main entry door, the landlord may affix a copy to the outside of the main entry door. Tex. Prop. Code § 92.013
How are Month-to-Month Tenants Evicted in Texas?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Texas. The process for eviction can be completed in 4-10 weeks, but can take longer depending on the circumstances.
For more information on the eviction process in Texas, click here.