How much notice is required?

Where the rent-paying period is at least one month, Tex. Prop. Code § 91.001(b) ends the tenancy on the later of the day given in the notice or one month after the day the notice is given. That is one calendar month, not thirty days. Length of tenancy makes no difference in Texas, and § 91.001(e)(1) allows a lease signed by both parties to set a different period or to require no notice at all.

How should the notice be served?

Section 91.001 prescribes no delivery method for the termination notice, so use one you can prove — hand delivery or mail with tracking. The separate notice to vacate required by Tex. Prop. Code § 24.005 before an eviction suit has its own list: § 24.005(f-3), as rewritten by S.B. 38 effective January 1, 2026, permits mail (first class, registered, certified, or a delivery service), delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant of the premises who is 16 or older, or electronic communication if the parties have agreed in writing.

What happens if my fixed-term lease expires?

A fixed-term lease typically expires by its own terms. If the lease itself requires advance notice of non-renewal, failing to give that notice may convert the tenancy to month-to-month on the same terms. Check the lease before assuming the fixed term simply expires.

Can a Texas lease shorten or eliminate the § 91.001 notice period?

Yes. Tex. Prop. Code § 91.001(e)(1) provides that subsections (a) through (d) do not apply if the landlord and 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. Texas has no non-waivable statutory minimum here — the signed lease controls, in either direction.

What if my notice is defective?

A notice that ends the tenancy earlier than § 91.001 or the lease allows does not terminate the tenancy on the date claimed, so a forcible detainer suit brought on a holdover theory fails. The tenant can raise the defect as a defense in the justice court. The landlord must give a corrected notice and start the period over, with the tenant typically remaining in possession during the redo.

Do I need to give a reason for non-renewing the tenancy?

No. Texas has no just-cause termination requirement , statewide or municipal — and it cannot readily acquire one, because Tex. Loc. Gov't Code § 214.902 permits a municipality to establish rent control only where its governing body finds a housing emergency due to a disaster as defined by Gov't Code § 418.004 and the governor approves the ordinance. Giving the § 91.001 notice is enough and no reason need be stated. Anti-retaliation and fair-housing rules still apply — the termination cannot fall inside the six-month window in § 92.331(b) without a defensible non-retaliatory ground under § 92.332, and it cannot be discriminatory.

What if the tenant has been a long-term resident?

Nothing changes. Section 91.001 has no tiers and makes no reference to occupancy length — a tenant of two months and a tenant of twelve years get the same one-month default. Tiered notice that lengthens with occupancy is California's rule under Cal. Civ. Code § 1946.1 and has no Texas counterpart.

Can I issue a non-renewal in retaliation for a tenant complaint?

No. Tex. Prop. Code § 92.331(b) bars terminating a tenant's lease or filing an eviction proceeding within six months of the tenant's protected action. There is no presumption in either direction: § 92.332(a) relieves the landlord who proves the action was not made for purposes of retaliation, and § 92.332(b) lists grounds that never constitute retaliation. Where retaliation is found, § 92.333 gives the tenant a civil penalty of one month's rent plus $500, actual damages, court costs and reasonable attorney's fees, and § 92.335 makes retaliation a defence in the eviction suit itself.

Does a Texas notice of termination have to be in writing?

Not by statute. Section 91.001 says only that the tenancy may be terminated "by giving notice of termination to the other" — it prescribes no form and imposes no writing requirement, and many templates that say otherwise have imported another state's rule. Put it in writing anyway: § 91.001(b) measures the period from the day the notice is given, and an oral notice leaves you with nothing to prove that day with. Note the contrast with the notice to vacate , which Tex. Prop. Code § 24.005(a) does expressly require to be written. And check the lease — it may impose its own writing requirement.

🏠 Texas Operations Forms: Notice of Non-Renewal Notice to Enter Tenant Notice to Vacate All Texas Forms

Free Texas Notice of Non-Renewal

The written notice Texas landlords use to end a periodic tenancy or decline to renew a fixed-term lease. Tex. Prop. Code § 91.001(b) sets the default: the tenancy ends on the later of the day named in the notice or one month after the day the notice is given — unless a lease signed by both parties says otherwise. Built for Texas landlords.

Texas Non-Renewal Notice § 91.001 One-Month Default Free PDF 2026 Edition

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Free Texas Notice of Non-Renewal — overview

★ Key Takeaways

✓Texas landlord notices have statute-driven content requirements — missing required elements voids the notice and restarts the clock.
✓Tex. Prop. Code § 91.001 prescribes no form, no writing requirement and no delivery method — and § 91.001(e)(1) lets a lease signed by both parties set a different period or require no notice at all.
✓The § 91.001 clock runs in calendar months from the day the notice is given, not in days — while the separate three-day notice to vacate is counted under Tex. Prop. Code § 24.0042, which counts weekends and holidays but rolls the last day forward.
✓Retain the signed original notice and proof of service in case the matter proceeds to court.
✓Texas has no just-cause requirement and no city rent control — Tex. Loc. Gov’t Code § 214.902 permits rent control only on a disaster-based housing-emergency finding that the governor approves.

📅ONE MONTH, NOT THIRTY DAYS: Tex. Prop. Code § 91.001(b) ends a month-to-month tenancy on the later of the day given in the notice or one month after the day on which the notice is given. The statute prescribes no form and does not require writing — but put it in writing, because the giving date is what you will have to prove.

⚠THE LEASE OVERRIDES THE STATUTE: Tex. Prop. Code § 91.001(e)(1) disapplies subsections (a)–(d) entirely where the landlord and tenant have agreed in an instrument signed by both parties on a different period of notice, or that no notice is required. Read the lease before you count a single day.

📜STATUTORY AUTHORITY: Tex. Prop. Code § 91.001 (terminating a month-to-month tenancy). Tex. Prop. Code § 24.005 (the separate written notice to vacate before a forcible detainer suit; delivery methods in § 24.005(f-3)). Tex. Prop. Code § 24.0042 (computation of time). Tex. Prop. Code §§ 92.331–92.333 (anti-retaliation). Federal Fair Housing Act and the Texas Fair Housing Act, Tex. Prop. Code ch. 301.

🚪

Notice of Non-Renewal is one of the highest-stakes routine documents in Texas landlord-tenant practice. A defective notice — wrong period, improper service, missing required information — cannot support an eviction action, forcing the landlord to start over and pushing recovery of possession back by months. Texas non-renewal practice has its own technical requirements: the § 91.001(b) clock runs one calendar month from the day the notice is given; a lease signed by both parties can change or remove that period entirely under § 91.001(e)(1); and a tenant who holds over still needs the separate written notice to vacate under Tex. Prop. Code § 24.005 before a forcible detainer suit can be filed. The form on this page handles the mechanics correctly; the page itself walks through the analysis step by step.

TX Notice Period

One month

Authority

§ 91.001(b)

Lease May Override

Yes — § 91.001(e)(1)

Reason Required

No — no just cause in TX

By Tenant Screening Background Check Editorial Team

Form TypeRoutine Operations

StateTexas

Authority§ 91.001

Updated2026

On this page

What a Notice of Non-Renewal does
Texas legal framework
Notice period under § 91.001
Authorized delivery methods
Required information for the notice
Common mistakes that void the notice
Tenant remedies for defective notice
Texas statute reference table
Frequently asked questions

A Texas Notice of Non-Renewal is the written notice a landlord uses to end a periodic tenancy or to communicate that a fixed-term lease will not be renewed at expiration. Tex. Prop. Code § 91.001(b) sets the default period: the tenancy ends on the later of the day named in the notice or one month after the day on which the notice is given. Section 91.001 prescribes no form, no writing requirement and no delivery method, and § 91.001(e)(1) lets a lease signed by both parties set a different period or require no notice at all. Getting the notice right is high-stakes work: a notice that ends the tenancy too early does not terminate it on the date claimed, and the landlord must start over — pushing recovery of possession back by months. The form on this page handles the mechanics; the rest of this guide walks through the requirements.

Watch: Texas Notice of Non-Renewal explained

▶ Watch: Texas Notice of Non-Renewal — § 91.001 explained

§ 91.001

Texas month-to-month termination statute

1 month

§ 91.001(b) default, measured from the day notice is given

2 min

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📅 Notice Period Calculator

Enter the date you’ll deliver the notice. The calculator shows the earliest valid termination date under Tex. Prop. Code § 91.001.

Notice Delivery Date

Earliest valid termination date

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