Texas Automatic Lease Renewal Laws—What Renters Need to Know

If you’re renting in Texas, you might wonder what happens when your lease term ends. Many renters find themselves dealing with automatic lease renewal, which can lead to confusion or unexpected extensions. Understanding Texas automatic lease renewal laws ensures you’re fully aware of your rights, options, and the notices landlords must provide under current state rules.

Understanding Automatic Lease Renewal in Texas

In Texas, automatic lease renewal—sometimes called a "holdover," "evergreen clause," or "rollover" agreement—means your lease may continue beyond the end date if certain conditions are met. Most commonly, this happens with fixed-term leases that turn into month-to-month tenancies if neither the landlord nor the tenant gives notice to end the lease.

Are Automatic Renewals Legal?

• Automatic renewal clauses are allowed in Texas if included in the lease contract.
• Your lease agreement should clearly state if and how the lease automatically renews.
• Landlords must follow the terms and notice periods set in your lease and Texas law.

The controlling law is the Texas Property Code, Title 8, Chapter 92.^[1]

Notice Requirements for Lease Renewal or Termination

Both landlords and renters usually must give written notice before ending or renewing a lease. The timing depends on your contract’s terms:

• Fixed-term lease: Most leases require at least 30 days’ written notice before the end date if you want to move out.
• Month-to-month lease: You or your landlord can terminate with 30 days’ notice unless your lease says otherwise.

If no one provides notice, your lease may automatically renew on a month-to-month basis, often with the same terms.

Required Official Forms and Example Usage

• Texas Notice to Vacate Form
  When to use: If you want to end your lease, deliver a written notice to your landlord at least 30 days before your lease ends (or as specified in your lease).
  Example: You wish to move out at the end of your 12-month lease. Use this form and keep a copy for your records.
  Official Texas Notice to Vacate Form

Always use written notice and keep proof of delivery (like certified mail, email with read receipt, or physical delivery signed by the landlord) to protect your rights.

What Happens If You Stay After Your Lease Ends?

If you remain in your unit without landlord objection after your lease expires—and without giving required notice—your tenancy typically converts to "month-to-month.” All terms of the original lease still apply, except for the specific end date.^[2]

Rent Increases and Automatic Renewals

Under Texas law, landlords may not increase your rent during the term of a fixed lease, but can adjust rent for a new month-to-month period with proper notice. Check that your lease specifies notice periods for rent changes.

Resolving Lease Renewal Disputes in Texas

If you disagree with your landlord about a renewal, or believe notice was not properly given, you can seek help or file a complaint. The main tribunal for landlord-tenant disputes is the Justice Court (Eviction Court) in your county.

• Start by communicating clearly in writing and saving all correspondence.
• If problems persist, contact your local Texas Justice of the Peace court for advice or to file an action if eviction is threatened.

For more, see the Texas Attorney General’s Tenants’ Rights Guide.

FAQs About Lease Renewals in Texas

1. Does my landlord have to notify me if my lease will automatically renew?
   Texas law does not always require landlords to give separate notice if your lease has a clear automatic renewal clause. Always check your lease’s terms.
2. Can I refuse an automatic lease renewal?
   Yes, if you provide written notice within the time frame set in your lease or by Texas Property Code, you can prevent automatic renewal.
3. What if I forget to give notice?
   Your lease might automatically renew or turn month-to-month, binding you for another term. Notify your landlord as soon as possible and keep a record.
4. Can my landlord raise my rent when my lease renews automatically?
   Yes, but only once you are month-to-month and with at least 30 days’ written notice before the increase takes effect.
5. Where can I get the official form to end my lease?
   The Notice to Vacate form is available from Texas Law Help or your local court.

Need Help? Resources for Renters

• Texas Attorney General — Tenants’ Rights Guide
• Texas Property Code, Chapter 92 (Full Tenancy Legislation)
• Texas Justice Courts (Eviction & Tenant Disputes)
• Texas Law Help — Tenant Support Resources

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1. Texas Property Code, Chapter 92 – Residential Tenancies
2. Texas Attorney General’s Tenants’ Rights Guide

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