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Texas Month-to-Month Rental Agreement

A Texas month-to-month tenancy keeps going until someone ends it with proper notice. If rent is paid monthly, that notice is generally one month (Tex. Prop. Code § 91.001). Chapter 92 still applies: deposit return, flood notice, smoke alarms, and owner identity.

Give at least one month’s written notice when rent is monthly (§ 91.001).
The 30-day deposit clock starts after surrender and a written forwarding address.
There is no statewide rent cap. Raise rent only with proper notice and a written change.

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Texas disclosure checklist

Last reviewed 2026-08-15. Confirm current statutes before you rely on this list.

Owner / manager identityRequired
The lease must name the owner or management company and give a street address (not only a P.O. box) for notices and service of process.
Tex. Prop. Code § 92.201
Flood / floodplain noticeRequired
Give a written flood notice at or before signing. Both parties should sign it. Short-term stays under 30 days and some sale-related occupancies are excepted.
Tex. Prop. Code § 92.0135
Repair-and-deduct / judicial remediesRequired
The lease should disclose the tenant’s repair and judicial remedies in bold or underlined type. Missing that language can cost the landlord procedural protections.
Tex. Prop. Code § 92.056
Smoke detectorsRequired
Residential landlords must install and maintain smoke alarms and tell tenants how to report a problem.
Tex. Prop. Code §§ 92.251–92.261
Security devicesRequired
Texas requires certain locks and security devices. Tenants can request compliant devices; landlords who ignore the request can face rent deduction or termination.
Tex. Prop. Code §§ 92.151–92.170
Late-fee rulesRequired
A late fee must be in the lease, must be reasonable, and generally cannot be charged until two full days after rent is due.
Tex. Prop. Code § 92.019
Lead-based paint (pre-1978)If it applies
Federal lead disclosure and the EPA pamphlet still apply to pre-1978 housing.
42 U.S.C. § 4852d; 24 CFR Part 35

Deposit rule of thumb

Texas does not cap how large a residential security deposit may be. After the tenant surrenders the unit and gives a written forwarding address, the landlord generally has 30 days to return the unused deposit or send an itemized list of deductions. A lease term that requires advance notice of surrender as a condition of refund is effective only if it is underlined or in conspicuous bold print.

Tex. Prop. Code §§ 92.103, 92.104, 92.107

Texas does not prescribe a statewide 24-hour entry rule. Put a reasonable-notice entry clause in the lease. Emergency entry and agreed repairs are customary.

For a month-to-month tenancy, written notice generally must be at least one month if rent is paid monthly (Tex. Prop. Code § 91.001). The tenancy ends on the later of the date in the notice or one month after notice is given.

LeaseGen.io is not a law firm. These notes are educational summaries, not advice.