Lease Renewal and Month-to-Month Notice in Texas
Statute text last checked: October 24, 2026
This page summarizes Texas statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.
Most of what happens at renewal time in Texas, such as whether a lease renews automatically, converts to month-to-month, or needs advance notice, is set by the lease itself. A few Property Code rules sit underneath those terms.
Ending a month-to-month tenancy (§91.001)
- A monthly or month-to-month tenancy may be ended by either the tenant or the landlord giving notice of termination to the other.
- If the rent-paying period is at least one month, the tenancy ends on the later of the day given in the notice or one month after the day the notice is given.
- If the rent-paying period is shorter than a month, it ends on the later of the day in the notice or after a period equal to the rent-paying period.
- If the tenancy ends mid-period, the tenant owes rent only up to the termination date.
- These defaults do not apply if landlord and tenant agreed in an instrument signed by both to a different notice period (or no notice), or if there is a breach of contract recognized by law. That is why the lease's renewal and notice clauses matter.
Advance-notice clauses and your deposit (§92.103(b))
- A lease may require you to give advance notice of moving out (surrender) as a condition of getting your security deposit back.
- That requirement is effective only if it is underlined or printed in conspicuous bold print in the lease.
- Separately, the landlord must refund the deposit on or before the 30th day after you surrender the premises (§92.103(a)), subject to the forwarding-address rule in §92.107.
What to look for in a renewal or auto-renewal clause
- Whether the lease renews for a new fixed term or converts to month-to-month when it ends.
- How many days of notice the lease requires to not renew, and in what form (written, online portal, etc.).
- Whether the move-out notice requirement is tied to your deposit, and whether it is underlined or in bold as §92.103(b) requires.
- Any rent change or fee that applies on renewal or month-to-month conversion.
Frequently asked questions
How much notice do I need to give to end a month-to-month lease in Texas?
Under Tex. Prop. Code §91.001, if rent is paid monthly, the tenancy ends on the later of the date in your notice or one month after you give it. A lease signed by both parties can set a different notice period.
Can my landlord keep my deposit if I don't give 30 days' notice before moving out?
A lease requirement to give advance notice of surrender as a condition of a deposit refund is effective only if it is underlined or in conspicuous bold print in the lease (Tex. Prop. Code §92.103(b)).
Sources
- Tex. Prop. Code § 91.001 (official text)
- Tex. Prop. Code § 92.103 (official text)
- Tex. Prop. Code § 92.107 (official text)