đ Texas Notice of Non-Renewal
Landlord Notice That Lease Will NOT Be Renewed
â ī¸ NOT an Eviction Notice
Important distinction:
- Non-renewal: Lease simply ends on its scheduled date – no renewal
- Eviction: Legal process to remove tenant before lease ends
- This notice: Informs tenant you will not offer renewal when lease expires
- Tenant must vacate: By lease end date or face eviction
- No reason required: Texas doesn’t require cause for non-renewal (unless local ordinance)
đ Notice Requirements
How much notice is required?
- Check your lease first: Lease may specify required notice period
- Texas law: No state-mandated notice for non-renewal of fixed-term leases
- Common practice: 30-60 days notice is standard
- Month-to-month: Typically 30 days notice (check lease)
- Written notice: Always provide in writing, keep proof of delivery
- Local ordinances: Some cities may have specific requirements
âī¸ Fair Housing Warning
Cannot refuse to renew for discriminatory reasons:
- Race, color, national origin, religion
- Sex, familial status (children), disability
- Cannot retaliate for tenant exercising legal rights
- Cannot retaliate for complaints to authorities
- If tenant claims discrimination, document legitimate business reason
Notice of Non-Renewal
Property & Lease Information
Lease Details
Date when current lease term expires
Notice Period Calculation
Check original lease agreement for specific notice requirement
Today’s date – when you’re sending this notice
Reason for Non-Renewal (Optional)
âšī¸ Reason Not Required
Texas law does not require landlord to provide reason for non-renewal. However, providing a reason can help avoid misunderstandings. Be careful not to state discriminatory or retaliatory reasons.
Move-Out Instructions
Date tenant must vacate (typically lease end date)
Landlord Information
Additional Information
Delivery Method
đŦ Proper Delivery Important
Send notice using reliable method:
- Certified mail: Best – provides proof of delivery
- Hand delivery: With signed receipt
- Process server: Professional delivery with affidavit
- Email: Only if lease allows electronic notices
- Keep proof: Save delivery confirmation
Signature
đ Notice of Non-Renewal Guide
What Is Non-Renewal?
Non-renewal means the landlord chooses not to renew the lease when it expires:
- Lease expires naturally: On its scheduled end date
- Not an eviction: Tenant isn’t being forced out early
- Advance notice: Landlord informs tenant lease won’t be renewed
- Tenant must move: By lease end date or holdover and face eviction
- No reason required: In Texas, landlord doesn’t need cause (except certain cities/situations)
Non-Renewal vs. Eviction
Important differences:
đ Comparison
Non-Renewal:
- Lease ends on scheduled date
- Tenant has until lease end to move
- No court process required (unless tenant holds over)
- Advance notice given
- No violation of lease necessary
Eviction:
- Removes tenant before lease ends
- Based on lease violation (non-payment, violation, illegal activity)
- Requires court process
- Specific legal notices required (3-day, 7-day)
- Creates eviction record
Notice Requirements in Texas
Texas law on non-renewal notice:
- No state-mandated period: Texas doesn’t require specific notice for non-renewal of fixed-term leases
- Check your lease: Lease agreement may specify required notice period
- Common: 30, 45, or 60 days notice
- Must comply with lease terms
- If lease is silent, no specific requirement
- Month-to-month leases: Typically require 30 days notice
- Check lease for specific requirement
- Texas Property Code doesn’t set default period
- Industry standard is 30 days
- Best practice: Provide 30-60 days notice even if not required
- Gives tenant time to find new place
- Reduces chance of tenant holding over
- Shows good faith
When to Send Non-Renewal Notice
Timing considerations:
- Check lease first: Look for non-renewal notice provision
- Count backwards: From lease end date, count back required notice days
- Send early: Better to give more notice than less
- Calendar days: Notice periods usually count all days (not business days)
- Postmark date: Date notice is mailed/delivered, not received
Example calculation:
- Lease ends: June 30, 2026
- Lease requires: 60 days notice
- Count back 60 days: May 1, 2026
- Must send notice by: May 1, 2026
- Safe practice: Send by April 15 to allow delivery time
Do You Need a Reason?
Texas law on stating reasons:
- No reason required: Texas doesn’t require landlord to state reason for non-renewal
- Exceptions:
- Rent control areas (rare in Texas)
- “Just cause” eviction ordinances (some cities)
- Government-subsidized housing (may have restrictions)
- Pros of providing reason:
- Avoids misunderstandings
- Shows transparency
- May reduce conflict
- Cons of providing reason:
- Could reveal discriminatory motive if not careful
- Tenant might dispute reason
- Not legally necessary
Legitimate business reasons for non-renewal:
- Selling the property
- Owner or family member moving in
- Extensive renovations needed
- Converting to different use
- History of late rent (even if paid)
- Lease violations (even if minor)
- Complaints from neighbors
- Want to increase rent beyond what tenant will pay
Prohibited Reasons
Cannot refuse to renew for these reasons:
đĢ Illegal Reasons
- Discrimination: Race, color, national origin, religion, sex, familial status, disability
- Retaliation: Tenant complained to authorities, requested repairs, joined tenant organization, exercised legal rights
- Protected activities: Tenant called police, reported code violations, testified in court
Retaliation presumption in Texas:
- If non-renewal within 6 months of tenant exercising rights, presumed retaliation
- Landlord must prove legitimate business reason
- Document non-retaliatory reason clearly
How to Deliver Notice
Proper delivery methods:
- Certified mail with return receipt: BEST option
- Proof of mailing date
- Proof of delivery
- Tenant signature on receipt
- Keep all documentation
- Hand delivery: Good if done properly
- Deliver in person to tenant
- Have tenant sign receipt
- Or deliver with witness present
- Keep signed receipt or witness affidavit
- Process server: Most reliable but costly
- Professional delivery
- Sworn affidavit of service
- Court-admissible proof
- Regular mail: Least reliable
- No proof of delivery
- Tenant can claim never received
- Use only as backup to certified mail
- Email: Only if lease allows
- Check lease for electronic notice provision
- Send to tenant’s designated email
- Request read receipt
- Follow up with certified mail
After Sending Notice
What happens next:
- Tenant moves out: By lease end date
- Conduct move-out inspection
- Return security deposit within 30 days
- Send itemized statement of any deductions
- Tenant wants to renew anyway:
- You’re not obligated to renew
- Can negotiate if you change mind
- Consider tenant’s offer
- Tenant holds over: Stays past lease end
- Holdover tenant
- Can file eviction immediately
- May be liable for holdover rent (often higher)
- File eviction lawsuit for possession
If Tenant Doesn’t Move
Holdover tenant procedures:
- Confirm lease has ended: Wait until day after lease end date
- Do not accept rent: Accepting rent may create new tenancy
- Send notice to vacate: Demand possession of property
- File eviction lawsuit: In Justice Court
- File complaint
- Serve tenant with citation
- Attend hearing
- Get judgment for possession
- Get writ of possession: If tenant still doesn’t leave
- Constable removes tenant: Sheriff/constable enforces writ
Month-to-Month Leases
Ending month-to-month tenancies:
- More flexible: Either party can end with notice
- Standard notice: Usually 30 days
- Check lease for specific requirement
- If silent, 30 days is customary
- Notice timing:
- Must give notice before next rent period begins
- Example: Give notice by May 31 to end June 30
- Same delivery methods: Use certified mail for proof
Common Mistakes
â Errors to Avoid
- Insufficient notice: Not giving required notice per lease
- No written notice: Oral notice not enforceable
- No proof of delivery: Can’t prove tenant received notice
- Stating bad reason: Revealing discriminatory or retaliatory motive
- Wrong move-out date: Date that doesn’t align with lease end
- Accepting rent after notice: May create new lease term
- Not keeping copies: No documentation for court if needed
Best Practices
â Best Practices
- Give extra notice: More than minimum required
- Use certified mail: Always get proof of delivery
- Be professional: Courteous tone in notice
- Don’t over-explain: If providing reason, keep it brief and legitimate
- Offer to help: Provide good reference if tenant was good
- Document everything: Keep copies, receipts, tracking numbers
- Follow up: Confirm tenant received and understands
- Schedule inspection: Arrange move-out walkthrough in advance
- Clear instructions: Tell tenant how to return keys, get deposit back
âī¸ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Notice of non-renewal informs tenant that lease will not be renewed at end of term. Texas has no state-mandated notice period for non-renewal – check your lease agreement. Common practice is 30-60 days notice. Cannot refuse to renew for discriminatory or retaliatory reasons. Send via certified mail for proof of delivery.
Different from eviction. Non-renewal means lease simply ends on its scheduled date – not removing tenant early for violation. If tenant doesn’t move by lease end, must file separate eviction lawsuit. Keep documentation of notice delivery. For questions about non-renewal procedures or tenant rights, consult real estate attorney.
Check local ordinances. Some Texas cities may have specific notice requirements or “just cause” eviction rules. Austin, for example, has additional protections. Research local laws or consult attorney familiar with local regulations.
