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.
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.
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.
Sources
- 1 Tex. Prop. Code 91.001
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(a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a 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; or
(2) there is a breach of contract recognized by law.
Source Link - 2 Tex. Prop. Code 92.013
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(a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant’s dwelling. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151 (Definitions), a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131 (Notice Regarding Vehicle Towing or Parking Rules or Policies).
(b) The notice must be given in person or by mail to the affected tenant. Notice in person may be by personal delivery to the tenant or any person residing at the tenant’s dwelling who is 16 years of age or older or by personal delivery to the tenant’s dwelling and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.
(c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord’s failure to give the notice.
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