How much notice is required to end a Texas month-to-month tenancy?

Under Texas Property Code §91.001(b), if rent is paid at least monthly, the tenancy terminates on the later of the date given in the notice or one month after the day the notice is given — unless a signed agreement sets a different period under §91.001(e).

Can I pick an earlier termination date in my notice?

You can write an earlier date, but it does not control. Section 91.001(b) makes the tenancy terminate on whichever date is later, so the one-month date governs if your stated date is sooner.

What rent is owed if the tenancy ends in the middle of a month?

Under Texas Property Code §91.001(d), if the 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.

Is a termination notice the same as a notice to vacate?

No. The §91.001 notice ends the tenancy. If the tenant does not leave, the landlord still needs the §24.005 notice to vacate — at least 3 days, unless the lease says otherwise — before filing an eviction suit.

Texas Month-to-Month Termination Notice

A month-to-month termination notice is the written notice that ends a monthly tenancy — no violation or reason needs to be stated for the tenancy itself to end. Texas law sets the effective date by formula, not by whatever date you pick: the tenancy ends on the later of the date in your notice or the statutory date counted from when the notice is given.

Compare form providers Browse by state

What it is

When to use it

You are ending a month-to-month tenancy, or a fixed-term lease that has rolled into month-to-month
You are selling, moving into, or taking the unit off the rental market and the tenancy is monthly
You want to end the current monthly terms — for example, before offering a new lease on different terms
The tenant gave you a termination notice and you need to confirm the correct end date in writing

What to include — checklist

Print this page to use the checklist on paper.

Landlord and tenant names exactly as they appear in the lease or rental agreement
Property address, including unit number
Clear statement that the month-to-month tenancy is terminated — not a warning, not a renewal offer
The termination date you are giving, checked against the Texas formula below so it is not earlier than the law allows
The date the notice is given / delivered, stated in the notice itself — the statutory count runs from that day
How rent is handled through the termination date, including a mid-period end date if yours lands mid-month
Move-out expectations: surrender of keys and possession, and where to send the forwarding address for the deposit
Delivery method and proof — keep a complete copy with the delivery record
Landlord (or authorized agent) signature and contact address for questions

Texas-specific requirements

Texas Property Code §91.001(a)–(b): a monthly tenancy or tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. If the rent-paying period is at least one month, the tenancy terminates on whichever day is later: (1) the day given in the notice for termination, or (2) one month after the day on which the notice is given. Naming an earlier date in your notice does not make it effective earlier.
Texas Property Code §91.001(c): if the rent-paying period is less than a month, the tenancy terminates on whichever is later: the day given in the notice, or the day following the expiration of a period beginning on the notice day and extending for a number of days equal to the number of days in the rent-paying period.
Texas Property Code §91.001(d): if the 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.
Texas Property Code §91.001(e): the rules above do not apply if the landlord and tenant agreed in an instrument signed by both parties on a different period of notice, or that no notice is required — or if there is a breach of contract recognized by law. Check any signed agreement before relying on the default formula.
Termination is not eviction. If the tenant holds over after the tenancy ends, a landlord filing a forcible detainer suit must also give the §24.005 notice to vacate (at least 3 days, unless the lease says otherwise) and comply with the §91.001 termination requirements.

Statute references are included only where verified for this pilot. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

Writing "30 days from today" without checking the §91.001 later-of formula — a date one month after the notice day is not always the same as 30 days
Naming a termination date earlier than the statute allows, then treating the tenancy as ended on that date
Forgetting a signed agreement that sets a different notice period — §91.001(e) lets that agreement control
Confusing this notice with a notice to vacate: this one ends the tenancy; the §24.005 notice is the separate pre-suit step if the tenant stays
Charging rent past the termination date when the tenancy ends mid-period — §91.001(d) limits rent to the termination date

Where landlords get this form

These providers publish Texas-specific month-to-month termination notice forms and document tools. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Provider	Best described as	What to check before you buy
LawDepot	DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's eviction notice forms	Whether the Texas version is included in a free trial, subscription, or single-document price.
ezLandlordForms	Landlord-focused forms library built specifically around rentals, screening and state lease packages.	Whether you need a single form or its Texas state package, and what updates are included.
Rocket Lawyer	Document builder bundled with membership options that can include attorney Q&A services.	What the membership includes after any trial, and how cancellation works.
LegalZoom	Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents.	Whether the exact landlord form you need is offered for Texas, versus a business product.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

Texas Landlord Paperwork Pack — $19

A printable bundle of the Texas checklists and letter templates from this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return.

Get the Texas Landlord Pack — $19

Sold and delivered by Gumroad (Open Line Press). Instant download: print-ready pack + editable source.

Frequently asked questions

How much notice is required to end a Texas month-to-month tenancy?: Under Texas Property Code §91.001(b), if rent is paid at least monthly, the tenancy terminates on the later of the date given in the notice or one month after the day the notice is given — unless a signed agreement sets a different period under §91.001(e).
Can I pick an earlier termination date in my notice?: You can write an earlier date, but it does not control. Section 91.001(b) makes the tenancy terminate on whichever date is later, so the one-month date governs if your stated date is sooner.
What rent is owed if the tenancy ends in the middle of a month?: Under Texas Property Code §91.001(d), if the 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.
Is a termination notice the same as a notice to vacate?: No. The §91.001 notice ends the tenancy. If the tenant does not leave, the landlord still needs the §24.005 notice to vacate — at least 3 days, unless the lease says otherwise — before filing an eviction suit.