How Do I Terminate a Month-to-Month Tenancy in Texas?
Full Question:
Answer:
A month-to-month tenancy where rent is paid monthly may be terminated by serving at least a month's written notice of termination. Please see the following Texas statutes and the links to the forms below:
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.
§ 92.0081 PROP. Removal of Property and Exclusion of Residential
Tenant
(a) A landlord may not remove a door, window, or attic hatchway cover
or a lock, latch, hinge, hinge pin, doorknob, or other mechanism
connected to a door, window, or attic hatchway cover from premises leased
to a tenant or remove furniture, fixtures, or appliances furnished by the
landlord from premises leased to a tenant unless the landlord removes the
item for a bona fide repair or replacement. If a landlord removes any of
the items listed in this subsection for a bona fide repair or
replacement, the repair or replacement must be promptly performed.
(b) A landlord may not intentionally prevent a tenant from entering the
leased premises except by judicial process unless the exclusion results
from:
(1) bona fide repairs, construction, or an emergency;
(2) removing the contents of premises abandoned by a tenant; or
(3) changing the door locks on the door to the tenant's individual unit
of a tenant who is delinquent in paying at least part of the rent.
(c) If a landlord or a landlord's agent changes the door lock of a
tenant who is delinquent in paying rent, the landlord or the landlord's
agent must place a written notice on the tenant's front door stating:
(1) an on-site location where the tenant may go 24 hours a day to
obtain the new key or a telephone number that is answered 24 hours a day
that the tenant may call to have a key delivered within two hours after
calling the number;
(2) the fact that the landlord must provide the new key to the tenant
at any hour, regardless of whether or not the tenant pays any of the
delinquent rent; and
(3) the amount of rent and other charges for which the tenant is
delinquent.
(d) A landlord may not intentionally prevent a tenant from entering the
leased premises under Subsection (b)(3) unless:
(1) the landlord's right to change the locks because of a tenant's
failure to timely pay rent is placed in the lease;
(2) the tenant is delinquent in paying all or part of the rent; and
(3) the landlord has locally mailed not later than the fifth calendar
day before the date on which the door locks are changed or hand-delivered
to the tenant or posted on the inside of the main entry door of the
tenant's dwelling not later than the third calendar day before the date
on which the door locks are changed a written notice stating:
(A) the earliest date that the landlord proposes to change the door
locks;
(B) the amount of rent the tenant must pay to prevent changing of the
door locks;
(C) the name and street address of the individual to whom, or the
location of the onsite management office at which, the delinquent rent
may be discussed or paid during the landlord's normal business hours; and
(D) in underlined or bold print, the tenant's right to receive a key to
the new lock at any hour, regardless of whether the tenant pays the
delinquent rent.
(e) A landlord may not change the locks on the door of a tenant's
dwelling under Subsection (b)(3) on a day, or on a day immediately before
a day, on which the landlord or other designated individual is not
available, or on which any on-site management office is not open, for the
tenant to tender the delinquent rent.
(e-1) A landlord who changes the locks or otherwise prevents a tenant
from entering the tenant's individual rental unit may not change the
locks or otherwise prevent a tenant from entering a common area of
residential rental property.
(f) A landlord who intentionally prevents a tenant from entering the
tenant's dwelling under Subsection (b)(3) must provide the tenant with a
key to the changed lock on the dwelling without regard to whether the
tenant pays the delinquent rent.
(g) If a landlord arrives at the dwelling in a timely manner in
response to a tenant's telephone call to the number contained in the
notice as described by Subsection (c)(1) and the tenant is not present to
receive the key to the changed lock, the landlord shall leave a notice on
the front door of the dwelling stating the time the landlord arrived with
the key and the street address to which the tenant may go to obtain the
key during the landlord's normal office hours.
(h) If a landlord violates this section, the tenant may:
(1) either recover possession of the premises or terminate the lease;
and
(2) recover from the landlord a civil penalty of one month's rent plus
$1,000, actual damages, court costs, and reasonable attorney's fees in an
action to recover property damages, actual expenses, or civil penalties,
less any delinquent rent or other sums for which the tenant is liable to
the landlord.
(i) If a landlord violates Subsection (f), the tenant may recover, in
addition to the remedies provided by Subsection (h), an additional civil
penalty of one month's rent.
(j) A provision of a lease that purports to waive a right or to exempt
a party from a liability or duty under this section is void.
(k) A landlord may not change the locks on the door of a tenant's
dwelling under Subsection (b)(3):
(1) when the tenant or any other legal occupant is in the dwelling; or
(2) more than once during a rental payment period.
(l) This section does not affect the ability of a landlord to pursue
other available remedies, including the remedies provided by Chapter 24.