TX · M2M-LEASE · Updated July 2026 · Free
Texas Month-to-Month Rental Agreement
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Texas at a glance: Notice to Terminate: 30 days' written notice · Deposit Refund Deadline: 30 days after surrender · Late Fee Cap: 12% of monthly rent
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Overview
Month-to-Month Rental Agreements in Texas
Texas month-to-month rental agreements are governed by Chapter 92 of the Texas Property Code.
Either party may terminate a monthly tenancy by providing at least 30 days' written notice (Texas Property Code § 91.001). Under Texas law, late fees are strictly capped at 12% of rent for properties with 4 or fewer units, and the security deposit must be returned within 30 days of surrender.
Key Facts
Texas Month-to-Month Rental Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Notice to Terminate | 30 days' written notice |
| Deposit Refund Deadline | 30 days after surrender |
| Late Fee Cap | 12% of monthly rent |
| Governing Law | Tex. Prop. Code § 91.001 |
Legal Requirements
Texas Legal Requirements
- Notice of termination must be in writing and is calculated from the day of notice.
- Late fees can only be charged if rent is unpaid for one full day after the due date.
Governing Laws
Texas Governing Laws
Tex. Prop. Code § 91.001
Notice for Terminating Tenancy
Mandates a minimum of 30 days' notice to terminate a monthly periodic tenancy.
Tex. Prop. Code § 92.103
Refund of Security Deposit
Obligates landlords to refund security deposits within 30 days of tenant vacating, provided a forwarding address is given.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Month-to-Month Rental Agreement — Frequently Asked Questions
Can a Texas landlord raise the rent without notice?
No. A landlord must provide at least 30 days' written notice to increase the rent or change any terms in a month-to-month lease.
What happens if a tenant doesn't provide a forwarding address in Texas?
The landlord is not obligated to return the security deposit until the tenant provides a written forwarding address, but the landlord cannot withhold it in bad faith.