A Texas month-to-month lease agreement differs slightly from a fixed-term lease agreement. Because they don’t have a fixed end date, they offer both parties greater flexibility than standard agreements. With a solid month-to-month agreement in place, landlords can protect their property while offering tenants a flexible living arrangement.
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Texas Month-to-Month Lease Agreement
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Required Landlord Disclosures (7)
Disclosures are an essential part of the lease-signing process. Landlords must inform tenants about certain information required by state and federal law. Texas lease disclosures include:
- Lead paint: Federal law requires landlords to inform tenants about the existence or knowledge of any lead-based paint or lead-based paint hazards on all properties constructed prior to 1978.
- Flood risk: Texas landlords must disclose whether the property is in a 100-year FEMA-designated floodplain and if flooding has damaged the property within the last 5 years (Tex. H.B. No. 531).
- Early termination: Landlords must inform tenants of their right to vacate and terminate the lease early in specific situations (Tex. Prop. Code § 92.016).
- Tenant’s remedies: All Texas lease agreements must include language informing tenants of their right to request repairs and the consequences of a landlord’s failure to meet their responsibilities (Tex. Prop. Code § 92.056).
- Parking rules: Parking policies for multiunit buildings must be provided to tenants in writing when lease signing and when the policy is adjusted or changed (Tex. Prop. Code § 92.0131).
- Landlord identity: The landlord’s or responsible agent’s name and contact information must be clearly listed and provided to the tenant when signing the lease (Tex. Prop. Code § 92.003).
- Copy of lease: Texas landlords must provide tenants with a copy of the lease to at least one tenant on the lease agreement within 3 days of move-in (Tex. Prop. Code § 92.024).
Required Notice to Terminate Month-to-Month Agreement
Since a Texas month-to-month lease agreement has no fixed end date, landlords and tenants have different responsibilities for terminating it.
Required Notice for Landlord: Landlords in Texas can terminate a month-to-month tenancy by providing the tenant with at least 1 month’s written notice
Required Notice for Tenant: Similarly, tenants in Texas can terminate a month-to-month agreement by giving the landlord at least 1 month’s written notice.
Rent Increase Laws
Month-to-month leases generally give landlords more flexibility to raise rent — especially in states without rent control laws. Rent control does not exist in Texas.
Texas is generally landlord-friendly regarding rent increases; no state laws limit or dictate how much a landlord can raise the amount. However, landlords must give month-to-month tenants at least 30 days’ notice before increasing rent.
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