Texas Month-to-Month Leases: Pros, Cons & Forms Explained

If you’re renting in Texas, you may be offered a month-to-month rental agreement instead of a traditional fixed-term lease. These flexible rental contracts are popular in Texas, especially when tenants want or need a more adaptable living arrangement. But are they the right fit for you? Understanding the risks and benefits, as well as your rights as a Texas renter, is key to making a confident housing decision.

What Is a Month-to-Month Rental Agreement?

A month-to-month rental agreement is a tenancy with no set end date. Instead of a fixed term (like 12 months), the lease automatically renews at the end of each month unless the landlord or renter gives proper written notice to terminate. In Texas, these agreements are governed by state landlord-tenant law rather than a dedicated housing tribunal.

Benefits of Month-to-Month Rentals in Texas

• Flexibility: Move out with proper notice—no long-term commitment required.
• Easy to stay after a fixed-term lease ends, avoiding the stress of finding a new place on short notice.
• If your circumstances change, you can end the tenancy by giving written notice, typically 30 days in advance.

This flexibility can be especially appealing if you're unsure of your long-term plans or waiting on major life changes.

Potential Downsides for Texas Renters

• Less security: Landlords can usually raise rent or terminate the rental, provided they give the required notice.
• You could be asked to move with just 30 days’ written notice, making planning more challenging.
• Frequent moves or rental changes may be disruptive for families or those wanting stability.

Unlike fixed-term leases, month-to-month agreements may not offer the predictability some renters prefer.

Notice Requirements and Ending a Month-to-Month Lease in Texas

By Texas law, either the landlord or the tenant must give at least 30 days’ written notice before ending a month-to-month rental agreement, unless the written lease states otherwise. The notice does not have to align with the first of the month—it simply must cover a full rental period.¹

How to Give Notice Properly

• Provide a written notice to your landlord, either in person or by mail (keeping a copy for your records is wise).
• Texas does not mandate a specific form, but a sample ‘Notice of Intent to Vacate’ is often used. For more information, see Tenant Rights Handbook – Texas Office of the Attorney General.
• Confirm your lease doesn't require more notice than the state minimum.

Rent Increases on Month-to-Month Leases

Landlords can increase rent on month-to-month leases, but they must provide the same notice as required for termination—at least 30 days in writing (unless your lease says otherwise). Texas law has no statewide rent control, so there are no limits on the amount of increase, but discrimination is prohibited.¹

Eviction Notices for Month-to-Month Tenancies

If your landlord needs you to leave, they must provide proper termination notice. If you stay past your move-out date, you could face an eviction process under the Texas Property Code Chapter 24 – Forcible Entry and Detainer. Proper written notice is required—usually three days before filing for eviction, unless your lease requires less.²

Official Forms for Texas Renters

• Notice to Vacate (No form number): Used to formally notify your landlord you are ending the tenancy. Provide at least 30 days’ notice. Find a sample and guidance in the Tenant Rights Handbook (PDF, pg. 8). Not filed with any agency; give directly to your landlord.
• Eviction Petition (Justice Court Form): If a landlord files for eviction, they use this official form available from your local Texas Justice Court. Tenants receive a copy and may respond or appear at the court hearing.

Where to Resolve Issues: Texas Justice Courts

In Texas, rental disputes—including evictions—are handled by the Texas Justice Courts in your county. These local courts oversee landlord-tenant matters and can provide help with forms and the eviction process.

Relevant Texas Tenancy Legislation

• Texas Property Code Chapter 91 – General Provisions (governs notice periods, terminations, etc.)
• Texas Property Code Chapter 24 – Forcible Entry and Detainer (eviction law)

Frequently Asked Questions

1. Can my landlord end a month-to-month lease without giving a reason?
   Yes. In Texas, either party can terminate with at least 30 days’ written notice, for any legal reason.
2. How do I give notice if I want to move out?
   Write a dated notice, state your intent to end the tenancy, and deliver it to your landlord at least 30 days in advance (more if your lease requires).
3. Can my landlord increase my rent with only 30 days’ notice?
   Yes, unless your lease specifies a longer notice, landlords can raise rent with written notice at least 30 days before the increase takes effect.
4. What if I don’t move out after my notice period ends?
   Your landlord may begin eviction proceedings in Justice Court. You’ll be given notice and a hearing date.
5. Is there a form to fill out to end a month-to-month lease?
   No official form is required—just a dated, written notice. Templates are available in the Texas Attorney General’s Tenant Rights Handbook.

Conclusion: Key Takeaways for Texas Month-to-Month Renters

• Month-to-month leases offer flexibility but less stability.
• Landlords and tenants must give at least 30 days’ notice to end the lease.
• Rent increases and termination can happen quickly, so stay informed.

Carefully review your agreement and know your notice rights under Texas law for a smooth rental experience.

Need Help? Resources for Renters

• Texas Attorney General’s Tenant Rights
• Texas Department of Housing and Community Affairs – Fair Housing Council
• Texas Justice Courts Directory
• TexasLawHelp.org – Renters’ Legal Assistance

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1. Texas Property Code Chapter 91 – General Provisions
2. Texas Property Code Chapter 24 – Forcible Entry and Detainer

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