Texas Notice to Terminate Tenancy (Month-to-Month / No-Cause)

TEXAS NOTICE TO TERMINATE TENANCY (NO-CAUSE / MONTH-TO-MONTH)

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Tenancy and Premises
3. Termination of Tenancy
4. Computation of Notice Period
5. Combined Notice to Vacate (Optional)
6. Statutory Authority
7. Move-Out Logistics and Security Deposit
8. Reservation of Rights
9. Method of Delivery
10. Signature
11. Certificate / Affidavit of Service
12. Texas Practice Notes
13. Sources and References

1. NOTICE HEADER AND RECIPIENTS

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY

(Tex. Prop. Code § 91.001)

Date of Notice: [__/__/____]

TO: [TENANT'S FULL LEGAL NAME] and all other occupants of the Premises

Premises Address:

[STREET ADDRESS]

[UNIT/APT NUMBER]

[CITY, TEXAS, ZIP]

[COUNTY] County, Texas

FROM: [LANDLORD'S FULL LEGAL NAME / ENTITY] ("Landlord")

2. TENANCY AND PREMISES

2.1. You currently occupy the above-described premises (the "Premises") under a:

• ☐ Month-to-month tenancy (rent-paying period of one (1) month)
• ☐ Periodic tenancy with rent-paying period of [____] days (less than one month)
• ☐ Holdover tenancy following expiration of a written lease dated [__/__/____]

2.2. Monthly rent: $[AMOUNT], due on the [____] day of each month.

2.3. The tenancy is governed by:

• ☐ A written lease dated [__/__/____] that has expired and is now month-to-month under its holdover provisions.
• ☐ A written lease dated [__/__/____] that contains a notice provision in Section [____] providing for [____] days' notice of termination.
• ☐ An oral periodic tenancy (no written agreement).

3. TERMINATION OF TENANCY

3.1. YOU ARE HEREBY NOTIFIED that, pursuant to Tex. Prop. Code § 91.001, Landlord terminates the tenancy described above effective:

11:59 P.M. on [__/__/____] (the "Termination Date").

3.2. On or before the Termination Date, you must vacate the Premises and surrender possession in the condition required by your tenancy agreement, ordinary wear and tear excepted.

3.3. Rent will continue to accrue at the contract rate of $[AMOUNT] per month (or pro rata for any partial period) up to and including the Termination Date.

4. COMPUTATION OF NOTICE PERIOD

4.1. The Termination Date is set in compliance with Tex. Prop. Code § 91.001 as follows:

• ☐ Section 91.001(b) — One-Month Rent Period. Rent is paid monthly. The Termination Date is the LATER of (i) the date stated above, or (ii) one (1) month after the day this Notice is given. Notice given on [__/__/____] plus one month equals [__/__/____].
• ☐ Section 91.001(c) — Shorter Rent Period. The rent-paying period is [____] days. The Termination Date is the LATER of (i) the date stated above, or (ii) the day following expiration of a period of [____] days beginning on the day notice is given.
• ☐ Section 91.001(e) — Contractual Period. The Lease provides for a different notice period, namely [____] days. The Termination Date complies with the contractual period.

4.2. Pro-rata rent. Per § 91.001(d), if termination occurs on a day that does not correspond to the beginning or end of a rent-paying period, you are liable for rent only up to the Termination Date.

5. COMBINED NOTICE TO VACATE (OPTIONAL)

5.1. ☐ Combined Notice. In the event you fail to vacate by the Termination Date, this Notice ALSO serves as the statutory notice to vacate under Tex. Prop. Code § 24.005, and Landlord demands that you vacate the Premises on or before:

11:59 P.M. on [__/__/____] (the "Vacate Deadline").

5.2. The Vacate Deadline is at least three (3) full days after the Termination Date and complies with § 24.005(a).

6. STATUTORY AUTHORITY

6.1. This Notice is given pursuant to Tex. Prop. Code § 91.001 (termination of periodic tenancy) and, where indicated, Tex. Prop. Code § 24.005 (notice to vacate).

6.2. After the Termination Date (or the Vacate Deadline if a combined notice is used), if you have not surrendered possession, Landlord may file a sworn petition for eviction (forcible detainer) under Tex. Prop. Code § 24.002 in the Justice Court of the precinct where the Premises is located (Tex. Prop. Code § 24.0041; Tex. R. Civ. P. 510.6). Citation issues and is served under Rule 510.8; a sheriff or constable must make a diligent effort to serve by the 5th business day after filing (§ 24.0051). No trial may be held until 4 days after service, and trial is set 10–21 days after filing (§ 24.0051; Rule 510.15).

6.3. This Notice does not assert a default by you. It is a no-cause termination of a periodic tenancy authorized by statute and the terms of the parties' agreement.

7. MOVE-OUT LOGISTICS AND SECURITY DEPOSIT

7.1. Forwarding address. Pursuant to Tex. Prop. Code § 92.107, please provide a written forwarding address to Landlord at: [ADDRESS / EMAIL]. Landlord has no statutory duty to refund the security deposit until the tenant gives a forwarding address in writing.

7.2. Security deposit return. Landlord will return your security deposit, less lawful deductions, no later than thirty (30) days after surrender of the Premises and receipt of your forwarding address. Tex. Prop. Code § 92.103.

7.3. Move-out inspection. A walk-through inspection is offered on [__/__/____] at [____ a.m./p.m.]. Please confirm by reply.

7.4. Keys, garage remotes, and access devices must be returned to [ADDRESS] by the Termination Date.

8. RESERVATION OF RIGHTS

8.1. Landlord's acceptance of any rent for periods after the date of this Notice up to the Termination Date shall not constitute a waiver of the termination, a renewal of the tenancy, or the creation of a new tenancy.

8.2. Nothing in this Notice waives Landlord's right to recover unpaid rent, late fees, attorney's fees, court costs, damage to the Premises, or any other amount owed.

8.3. Landlord reserves all rights and remedies available at law or in equity.

8.4. Non-retaliation certification. This Notice is given in good faith for legitimate, non-retaliatory business reasons and is not given in retaliation against you for any conduct protected by Tex. Prop. Code § 92.331.

9. METHOD OF DELIVERY

This Notice was delivered by the following method authorized by Texas law (for the § 24.005 notice-to-vacate portion, § 24.005(f-3)):

• ☐ Hand delivery to a tenant of the Premises 16 years of age or older
• ☐ Delivery to the inside of the Premises in a conspicuous place
• ☐ First class mail
• ☐ Registered mail
• ☐ Certified mail, return receipt requested (Tracking #: [____________])
• ☐ Tracked delivery service (Carrier: [__________], Tracking #: [____________])
• ☐ Electronic communication (e-mail/other) — only if the parties have agreed in writing

10. SIGNATURE

Date: [__/__/____]

[________________________________]

[LANDLORD / AUTHORIZED AGENT]

Print Name: [____________________]

Title: [____________________]

Address: [____________________]

Telephone: [____________________]

Email: [____________________]

11. CERTIFICATE / AFFIDAVIT OF SERVICE

STATE OF TEXAS

COUNTY OF [COUNTY]

I, [NAME OF SERVER], being competent to make this affidavit and over the age of 18, state that on [__/__/____] at approximately [____ a.m./p.m.], I delivered a true and correct copy of the foregoing NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY to [TENANT NAME] at [PREMISES ADDRESS] by the method indicated in Section 9 above.

[________________________________]

[NAME OF SERVER]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Texas

(My Commission Expires: [_______________])

12. TEXAS PRACTICE NOTES

• Two-notice problem. § 91.001 ends the tenancy; § 24.005 is the predicate to suit. After the Termination Date, the holdover tenant becomes a tenant at sufferance and must receive a separate § 24.005 notice (3 days unless lease provides otherwise). Combining both into one document is permitted and recommended. If using combined notice, set the Vacate Deadline at least three full days after the Termination Date.
• Computation. § 91.001(b) requires a FULL month, not 30 days. Notice given on April 15 takes effect no earlier than May 15. Pair the Termination Date with the end of a rent-paying period to avoid pro-rata disputes.
• Lease overrides. Many TAA-form residential leases require 30 or 60 days written notice and may require notice to be given on or before a specific day of the month. Conform to the lease.
• Retaliation window. § 92.331 creates a six-month presumption following protected tenant conduct (repair request, code complaint, fair-housing complaint, organization of a tenants' association). Document the legitimate business reason.
• Subsidized housing. Section 8 / HUD / LIHTC and tax-credit properties impose "good cause" requirements that override no-cause § 91.001 termination. Confirm funding source and tenant status before serving a no-cause notice.
• Local ordinances. Some Texas cities (Austin, Dallas, Houston, San Antonio) have specific tenant-protection ordinances, source-of-income protections, or notice rules. Verify city-level requirements.
• Foreclosure context. § 24.005(b) requires 30 days' notice to a residential tenant who is current on rent in a foreclosure-purchase eviction. Use the foreclosure-specific notice in that context, not this § 91.001 notice.
• Security deposit timing. § 92.103 requires return within 30 days of surrender plus written forwarding address. Withholding without an itemized list may trigger statutory damages of three times the deposit plus $100 plus attorney's fees under § 92.109.
• SB 38 / Rule 510 rewrite (eff. Jan. 1, 2026). Rule 510 is now the exclusive rule for eviction cases (general Rules 500–507 no longer apply). For any later eviction: a sheriff or constable must make a diligent effort to serve by the 5th business day after filing (§ 24.0051); no trial may be held until 4 days after service (Rule 510.15(b)); trial is set 10–21 days after filing (§ 24.0051).

13. SOURCES AND REFERENCES

• Tex. Prop. Code § 91.001 — Notice for Terminating Certain Tenancies — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm
• Tex. Prop. Code § 24.005 — Notice to Vacate Prior to Filing Eviction Suit — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
• Tex. Prop. Code § 92.103 — Obligation to Refund Security Deposit — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. Prop. Code § 92.107 — Tenant's Forwarding Address — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. Prop. Code § 92.331 — Retaliation by Landlord — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. Prop. Code § 92.332 — Non-Retaliation — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. R. Civ. P. 510 (Eviction Cases) — https://www.txcourts.gov/rules-forms/rules-standards/
• Texas State Law Library, "Ending the Lease" — https://guides.sll.texas.gov/landlord-tenant-law/ending-the-lease
• FindLaw, Tex. Prop. Code § 91.001 — https://codes.findlaw.com/tx/property-code/prop-sect-91-001/
• Texas Public Law, § 91.001 — https://texas.public.law/statutes/tex._prop._code_section_91.001

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas must review and customize this document before use. Laws, citations, and rules change frequently; verify all authorities before service.