Texas tenant's 30-day or less termination of month-to-month tenancy.
Full Question:
Answer:
The Texas landlord-tenant statute (Section 91.001) applies to commercial and residential leases and states that a month-to-month tenancy terminates one month or less from the date that notice is given by one party (such as the tenant) to the other (such as the landlord). The link to the Texas landlord-tenant statute appears below. The statute has been in effect in Texas since 1985. A link to US Legal's form of tenant's notice to landlord of 30-day termination of lease appears below.
The relevant statutory language (Section 91.001) in its entirety reads as follows:
PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS
Sec.91.001 NOTICE FOR TERMINATING CERTAIN TENANCIES.
(a) 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.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, 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.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) 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; or
(2) there is a breach of contract recognized by law.
Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.