Ending a Month-to-Month Tenancy in Texas (§91.001 Notice Rules)
Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)Either party can end a Texas month-to-month tenancy without giving a reason, but the notice must satisfy Prop. Code §91.001: at least one month, timed to the rent-paying period. If rent is paid monthly on the 1st, a termination notice given mid-month generally ends the tenancy at the end of the following rental month — not 30 flat days from the notice.
How the timing actually works
§91.001 ends the tenancy on the later of (a) the day stated in the notice or (b) one month after the notice is given. If the notice period would end mid-rental-period, the tenancy runs to the end of that period and rent is owed through it. Practical rule: give notice before the rent due date to end the tenancy at the end of the next full rental month, and state the exact final date in writing.
If the tenant doesn't leave
A holdover after a properly terminated month-to-month tenancy is evictable — but you still must serve a §24.005 notice to vacate (3 days) before filing. The termination notice and the eviction notice are two different documents; skipping the second is a common dismissal.
What the lease can change
The lease can set a different notice period (e.g., 60 days) or different timing, and can designate electronic delivery. Whatever it says controls — read it before sending anything.
Court-ready notices pre-filled with your details — free to start.
Frequently asked questions
Do I need a reason to non-renew in Texas?
No statewide just-cause requirement exists — either side may terminate a month-to-month tenancy with proper §91.001 notice. Retaliation and fair-housing limits still apply.
Can I raise rent instead of terminating?
Yes — with the same notice mechanics: a rent increase on a month-to-month tenancy is effectively an offer of new terms after proper notice.
Does a text message count as notice?
Only if the lease permits electronic notice. Default to written notice, delivered provably.
More Texas guides
- How to Evict a Tenant in Texas (2026 Rules)
- Texas 3-Day Notice to Vacate & Pay-or-Vacate Notice (2026)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- Texas Eviction Timeline: How Long It Takes in 2026
- SB 38: What Changed in Texas Eviction Law on January 1, 2026
- Texas Security Deposit Rules: The 30-Day Return Deadline