Termination of Month-to-Month Tenancy Notice
(Residential Eviction) (TX)

Summary

This Termination of Month-to-Month Tenancy Notice may be used to terminate a residential month-to-month tenancy in Texas. This template contains practical guidance and drafting notes. Section 91.001 of the Texas Property Code governs notices of termination of tenancies. Under Tex. Prop. Code § 91.001, for month-to-month tenancies, 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. Please note that under Tex. Prop. Code § 91.001(e)(1), the landlord and tenant can agree in an instrument signed by both parties that no notice is required. Many Texas leases contain this language. Taking the belt-and-suspenders approach by sending a termination notice regardless of whether notice was waived in the lease may prove advantageous in situations where the justice of the peace court judge does not carefully review the lease or the relevant provisions of the Texas Property Code. For further guidance on residential eviction in Texas, see Residential Evictions (TX) and Eviction Resource Kit (TX). For a template for use when the landlord is not seeking attorney's fees, see 3-Day Notice to Vacate (Residential Eviction) (TX). For a template for use with the landlord is seeking attorney's fees, see 10-Day Notice to Vacate (Residential Eviction) (TX). For further guidance on residential leasing in Texas, see Residential Lease Agreements (TX). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For a listing of key content covering tenant evictions, including forcible entry and unlawful detainer; the treatment of personal property remaining on premises after an eviction; and tenant protection laws, see Eviction, Unlawful Detainer, and Tenant Protections State Law Survey. For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.