Texas Month-to-month Rental Agreement Template

A rental agreement with no fixed end date. It renews each month until the landlord or tenant gives proper written notice. This edition fills in the Texas rules we could confirm and marks the rest as blanks to check.

Texas rules for this form

Month-to-month notice. Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period. (Property Code section 91.001)

Notice before a rent increase. No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy. (Texas Property Code (no rent increase statute))

Deposit limit. State law does not limit how much a landlord can charge as a security deposit. (Texas Property Code chapter 92, subchapter C)

Deadline to return the deposit. Once the tenant gives up possession, the landlord has 30 days to send back the deposit along with a written account of anything kept. (Property Code section 92.103)

Notice before entry. No statute sets a notice period for landlord entry, so the lease governs access. (Texas Property Code (no entry notice statute))

Late fees. A late fee must be in a written lease, must be reasonable, and is presumed reasonable up to 12 percent of monthly rent for buildings with four or fewer units and 10 percent for larger buildings. (Property Code section 92.019)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. Leases must include the written flood disclosure notice about the 100-year floodplain and past flooding. (Property Code section 92.0135)

Required disclosures. On request, the landlord must disclose the name and address of the owner and of any management company. (Property Code section 92.201)

Cities and counties in Texas can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. Property
3. Monthly term
4. Ending the tenancy
5. Rent
6. Changes to rent or terms
7. Security deposit
8. Utilities
9. Use, guests and pets
10. Care, repairs and alterations
11. Entry
12. Subletting
13. Default
14. Moving out
15. Disclosures
16. General terms
17. Signatures

Before you use it

• A month-to-month agreement renews automatically each rental period until someone gives written notice.
• Notice periods to end the tenancy or change the rent are set by state law, and some cities require longer notice or a valid reason.
• The flexibility cuts both ways: the tenant can leave on short notice, so turnover can come sooner.
• Everything else, from deposit limits to entry notice, follows the same rules as a fixed-term lease.

For the full explanation of this form, read our guide to the month-to-month rental agreement.