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Last verified: · Confidence: high
How much notice does a landlord have to give a tenant to move out in Texas?
Short answer
Month-to-month tenancy: give notice at least one month before the termination date, unless a signed lease sets a different period
Notice: At least one month before the termination date (month-to-month tenancies), unless a signed lease sets a different period
To end a month-to-month tenancy, give notice of termination. The tenancy ends on the later of the date in the notice or one month after the day the notice is given. A lease signed by both parties can set a different notice period or say no notice is needed.
"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." tcss.legis.texas.gov
"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" tcss.legis.texas.gov
At least 3 days' written notice to vacate before filing an eviction suit, unless the lease sets a different period Verified
Deadline: At least 3 days before filing an eviction (forcible detainer) suit, unless the written lease sets a shorter or longer period
Before filing an eviction (forcible detainer) suit against a tenant who defaults or holds over, give at least three days' written notice to vacate, unless the written lease sets a shorter or longer period. For nonpayment by a tenant who was not late before that month, the notice must be a notice to pay rent or vacate.
"the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period" tcss.legis.texas.gov
"written notice under this section shall be given in the form of a notice to pay rent or vacate." tcss.legis.texas.gov
Notes: Tex. Prop. Code 24.005 (current text including the 2025 amendments). A holdover suit must also follow the month-to-month termination rule in 91.001. Delivery methods are set out in 24.005; check them before serving notice.
Last verified 2026-10-21 · Confidence: high · Status: verified · Report a correction
Month-to-month tenancy: give notice at least one month before the termination date, unless a signed lease sets a different period Verified
Deadline: At least one month before the termination date (month-to-month tenancies), unless a signed lease sets a different period
To end a month-to-month tenancy, give notice of termination. The tenancy ends on the later of the date in the notice or one month after the day the notice is given. A lease signed by both parties can set a different notice period or say no notice is needed.
Who it covers: Monthly and month-to-month tenancies. Fixed-term leases end on their own date unless the lease says otherwise.
"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." tcss.legis.texas.gov
"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" tcss.legis.texas.gov
Notes: Tex. Prop. Code 91.001. For rent periods shorter than a month (for example weekly), the notice period equals one rent period (91.001(c)).
Last verified 2026-10-21 · Confidence: high · Status: verified · Report a correction