Texas Month-to-Month Lease Agreement

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:

1. 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.

2. 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).

3. Early termination: Landlords must inform tenants of their right to vacate and terminate the lease early in specific situations (Tex. Prop. Code § 92.016).

4. 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).

5. 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).

6. 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).

7. 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.

Rent Payment Laws

Grace period: Texas has a 2-day grace period for late rent payments (Tex. Prop. Code § 92.019).

Late tent fees: Late fees in Texas are capped at a “reasonable” level, meaning no more than 12% of the monthly rent for properties with four or fewer units and 10% for buildings with more than four units (Tex. Prop. Code § 92.019).

Tenant’s right to withhold rent: Texas tenants may withhold rent if the landlord does not fix a condition that threatens the health and safety of a tenant within a reasonable timeframe. The deduction must be less than one month’s rent or $500, whichever is greater (Tex. Prop. Code § 92.0561b).

Pet rent laws: Texas landlords can charge rent for pets if the rental contract clearly displays that information.

Security Deposit Rules

Maximum security deposit: Texas law does not set a maximum amount for security deposits.

Security deposit receipt: Texas landlords are not required to provide the tenant with a security deposit receipt.

Deduction tracking: Landlords can withhold funds from the security deposit to cover damages and repair costs other than normal wear and tear. Unless the tenant owes back rent payments, the withheld funds must be detailed and itemized, with written descriptions of the deductions (Tex. Prop. Code § 92.104).

Returning a tenant’s security deposit: Security deposits must be returned to the tenant within 30 days of move-out (Tex. Prop. Code § 92.103).

Pet deposit rules: Landlords in Texas can charge a pet deposit as long as the information is included in the lease agreement.

Property Access Regulations

Advance notice: Texas law does not stipulate a specific timeframe to notify tenants. However, 24-hour advance notice is standard.

Immediate access: Texas landlords can immediately access a tenant’s unit in cases of emergency.

Landlord Harassment: Landlords who repeatedly enter a tenant’s unit without proper notice could be liable for civil or legal penalties. However, tenants are not legally allowed to terminate a lease early for landlord harassment in Texas.

Rental Agreement Violations

Missed rent payment: Once a rent payment is late (and beyond the required grace period), landlords in Texas can charge a late fee or deliver a 3-day notice to quit (Tex. Prop. Code § 24.005(a)).

Lease violation: Texas landlords can issue a 3-day notice to quit for lease violations and are not required to give the tenant a chance to cure the violation. (Tex. Prop. Code § 24.005(b)).

Self-help evictions: Texas law allows landlords to change the locks on tenants who are late on rent, but this is only allowed in specific situations. The tenants must have access to the new keys. Self-help evictions are generally illegal and should not be attempted (Tex. Prop. Code § 92.0081).

Lease Abandonment: Tenants who leave a lease early and without a qualifying condition could be liable for rent owed on the lease term, late fees, or repair costs beyond normal wear and tear.