Tex. Prop. Code Ann. §§ 91.001–91.006 § 91.001
NOTICE FOR TERMINATING CERTAIN TENANCIES.
Operative Text
Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or(2) one month after the day on which the notice is given.(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.(d) If a 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.(e) Subsections (a), (b), (c), and (d) do not apply if:(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or(2) there is a breach of contract recognized by law. Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
Under Tex. Prop. Code §§ 91.001–91.006, either a landlord or a tenant may end a month-to-month tenancy by giving written notice to the other party. When the rent-paying period is at least one month, the tenancy does not end until the later of the date specified in the notice or one month after the notice is delivered. These default rules can be overridden if both parties have signed a written agreement specifying a different notice period or waiving notice entirely, and they do not apply when a recognized breach of contract has occurred.
Plain English — not legal advice.
Property owners and managers operating under month-to-month arrangements governed by Tex. Prop. Code §§ 91.001–91.006 generally ensure that any termination notice is delivered with enough lead time to satisfy the one-month minimum when the rent-paying period is at least one month. Compliant operators also confirm whether a signed lease agreement already specifies a different notice period, since that written agreement controls over the statutory default. Keeping clear records of when and how notice was delivered helps document compliance with the timing requirements set out in this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code §§ 91.001–91.006 gives tenants in month-to-month arrangements the right to terminate their tenancy by providing notice, and it also protects them from abrupt termination by requiring that a landlord's notice take effect no sooner than one month after it is given (when rent is paid monthly). If a landlord attempts to end a tenancy without meeting the required notice period, a tenant may be able to raise that failure as a defense in an eviction proceeding or file a complaint with a local tenant-rights organization for guidance. Tenants should also review any signed lease agreement, since a written contract with a different notice period will govern instead of the statutory default.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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