A Texas Tenant Notice to Vacate is the notice a tenant gives a landlord to end a monthly or month-to-month tenancy under Texas Property Code § 91.001, which terminates the tenancy on the later of the day stated in the notice or one month after the day the notice is given. It identifies the rental unit, sets the last day of tenancy, provides a forwarding address for the security deposit, and creates the documentary record that protects you if the move-out is later disputed. The form on this page handles the statutory content automatically — you fill in the blanks, the PDF generates a clean, signature-ready notice, and you deliver it to your landlord.

In Texas, a tenant ends a monthly or month-to-month tenancy by giving the landlord notice of termination; the tenancy ends on the later of the day stated in the notice or one month after the day the notice is given (Tex. Prop. Code § 91.001(a)–(b)). If rent is paid for a period shorter than a month, the notice period equals the number of days in that rent-paying period (§ 91.001(c)). These rules do not apply if you and the landlord agreed in an instrument signed by both parties on a different notice period or that no notice is required (§ 91.001(e)(1)).

What this form does and when to use it

The Texas Tenant Notice to Vacate is a written notice from the tenant to the landlord ending a periodic (typically month-to-month) tenancy under Texas Property Code § 91.001. It serves three purposes at once: it starts the § 91.001(b) clock, it specifies the last day of tenancy so rent obligations stop on a defined date, and it gives the written forwarding address that triggers the landlord’s deposit obligations under Tex. Prop. Code §§ 92.103 and 92.107. Without a properly written and delivered notice, a tenant who simply moves out remains exposed to claims for additional rent and may have a harder time recovering the security deposit.

Use this notice when you have a monthly or month-to-month tenancy. Where the rent-paying period is at least one month, § 91.001(b) applies; where it is shorter — week-to-week, for example — § 91.001(c) substitutes a period equal to the number of days in the rent-paying period. Length of tenancy is irrelevant. Texas is symmetrical here: § 91.001(a) lets either the tenant or the landlord terminate by giving notice, on the same terms. Tex. Prop. Code § 91.001 does not say "30 days." Under § 91.001(b), where the rent-paying period is at least one month, the tenancy terminates on the later of the day given in the notice for termination or one month after the day on which the notice is given. One month is not 30 days. Where the rent-paying period is shorter than a month, § 91.001(c) substitutes a period equal to the number of days in the rent-paying period. And § 91.001(e)(1) disapplies all of that where the landlord and tenant have agreed in an instrument signed by both parties on a different notice period or that no notice is required — so read the lease before you count anything.

This is not the right form for a fixed-term lease. If you have a lease with a defined end date and you intend to leave at the natural end of the term, the lease itself sets the end date — although it is good practice to send a written notice anyway to confirm your intent and trigger the security deposit clock. If you want to leave a fixed-term lease early, § 91.001 does not apply at all: you need either a lease provision authorizing early termination, the landlord’s written agreement to release you, or a statutory ground (uninhabitable conditions, domestic violence early termination, or military deployment under federal SCRA at 50 U.S.C. § 3955). Sending a § 91.001 notice on a fixed-term lease without one of those grounds does not end your rent liability. Texas does have its own early-termination statutes worth checking: § 92.016 (family violence), § 92.0161 (certain sex offences and stalking) and § 92.017 (military service), each with its own documentation and notice mechanics.

Related Resources

• Texas lease termination laws
• Texas eviction notice laws
• Texas breaking lease laws
• Texas landlord tenant laws
• Texas habitability laws
• Lease termination laws by state

Texas statute and legal authority

The right to terminate a monthly tenancy in Texas is set out in Texas Property Code § 91.001, and it is worth reading the section rather than the folklore around it. § 91.001(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.” § 91.001(b): if the rent-paying period is at least one month, the tenancy terminates on whichever is later — the day given in the notice, or one month after the day on which the notice is given. That is the whole rule. There is no 30-day figure in the section, and the notice may be given on any day of the rental period; it need not line up with the start of a calendar month, though a lease may impose an end-of-period requirement that should be checked.

§ 91.001 prescribes no form: it does not require the notice to be in writing and it names no delivery method. Give it in writing anyway and keep proof of delivery. The statute’s silence means that if the landlord denies receiving notice, the tenant carries the burden of proving it was given. The notice should clearly state the date the tenancy will terminate: ambiguous statements (“I’m thinking about moving”) or conditional ones (“I’ll move if I find a place”) give the landlord room to argue no notice was given, and if no day is stated the termination falls one month after the day notice was given by default. The form on this page produces unambiguous language. And check the lease before anything else — under § 91.001(e)(1), if the landlord and tenant have agreed in an instrument signed by both parties on a different notice period, or that no notice is required, subsections (a) through (d) do not apply at all.

Tex. Prop. Code § 92.103(a) requires the refund on or before the 30th day after the date the tenant surrenders the premises. Under § 92.104(a) the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching it; § 92.104(b) forbids retaining any part of the deposit for normal wear and tear; and § 92.104(c) requires a written description and itemized list of all deductions — with no dollar threshold — unless the tenant owes rent at surrender and there is no controversy about the amount. Under § 92.107(a) the landlord is not obligated to refund or itemize until the tenant gives a written statement of a forwarding address, but § 92.107(b) is explicit that the tenant does not forfeit the right merely by failing to give one. The written forwarding address the form on this page builds in is therefore the trigger, and it also fixes the address the landlord must use.

Tex. Prop. Code § 92.331 prohibits a landlord from retaliating within six months of a protected tenant action — giving a repair notice, complaining in good faith to a code-enforcement body or utility, exercising a right granted by the lease or by statute, or taking part in a tenant organization — by filing an eviction proceeding, decreasing services, increasing rent, terminating the lease, or engaging in bad faith in a course of conduct that materially interferes with the tenant’s rights. § 92.332 lists what is not retaliation, including an eviction where the tenant is delinquent in rent when the landlord gives notice. The remedy under § 92.333 is a civil penalty of one month’s rent plus five hundred dollars, actual damages, court costs and reasonable attorney’s fees. Separately, if the deposit is delayed or the deductions look unfounded, document the timeline: Under § 92.109(a) a landlord who in bad faith retains a deposit is liable for one hundred dollars, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees. Under § 92.109(b) a landlord who in bad faith fails to give the written description and itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damage to the premises, and owes the tenant’s attorney’s fees. § 92.109(c) puts the burden of proving that a retention was reasonable on the landlord, and § 92.109(d) presumes bad faith where the landlord neither returns the deposit nor itemizes by the 30th day after surrender.

Step-by-step: writing your notice to vacate

Follow these steps in order. Each one corresponds to a required field on the form below.

Step 1: Confirm your tenancy is periodic, not fixed-term

Pull out your lease. If it has no end date, or it expired and you simply continued paying month-to-month, Tex. Prop. Code § 91.001 applies — use this form. While the lease is out, read its notice clause: under § 91.001(e)(1) a notice period the parties agreed in a signed instrument controls instead of the statute, and they may even have agreed that no notice is required. If your lease has a defined end date and is still within the term, this notice is not the right tool unless you have a separate ground for early termination.

Step 2: Choose your last day of tenancy

Under § 91.001(b) the tenancy ends on the later of the day you state in the notice and one month after the day you give it. So the earliest date you can safely name is one month out — naming an earlier one does not shorten anything, it just means the statutory date governs. The last day need not be the end of a calendar month: § 91.001(d) makes you liable for rent only up to the date of termination if it lands mid-period. Use the calculator below. (Always check your lease — a signed agreement under § 91.001(e)(1) overrides the default, and some leases impose end-of-period requirements.)

Step 3: List every named tenant

Include every adult tenant who signed the lease. Each tenant has an independent obligation under the lease, and a notice on behalf of one cotenant does not necessarily end the tenancy for others. If only one of two cotenants intends to leave and the other plans to stay, that is a partial-tenancy issue that this form is not designed for — discuss it with the landlord and consider a written modification of the lease.

Step 4: State the rental address with full precision

Use the address as it appears on the lease, including unit or apartment number, building number, city, and ZIP. Imprecise addresses cause more disputes than people expect, especially in multi-unit buildings.

Step 5: Identify the landlord or property manager

The notice should be addressed to whoever holds the landlord role for purposes of the tenancy — typically the entity named in the lease or the property manager identified on rent-payment instructions. If the lease names a different person from the property manager, address the notice to both to avoid any argument that the wrong party received it.

Step 6: Provide a forwarding address

This is the address where the landlord will mail your security deposit and any itemization. Under Tex. Prop. Code § 92.107(a) the landlord is not obligated to refund the deposit or give the written description of damages and charges until you give a written statement of a forwarding address — so leaving it out does not merely risk misdelivery, it postpones the duty. § 92.107(b) preserves the underlying right if you never give one, but you should not rely on that.

Step 7: Ask for a pre-move-out walkthrough

Even where state law does not require it, ask the landlord for a pre-move-out walkthrough. The landlord walks through the unit, identifies any deficiencies that would otherwise be deducted from the deposit, and gives you a chance to fix them before move-out. This optional step often pays for itself many times over in deposit recovery. The form below includes a checkbox to put the request in writing.

Step 8: Sign and date

Sign and date the notice. If there are cotenants, every cotenant who is ending the tenancy should sign. What starts the § 91.001(b) clock is the day the notice is given, not the day it was written, so keep proof of delivery and make sure the two dates match.

Required information that makes the notice valid

Tex. Prop. Code § 91.001 sets an extraordinarily low statutory bar: notice of termination, in no particular form, given far enough ahead that the termination date is not earlier than one month after the notice. The form on this page goes well beyond the minimum because the bigger risk to a tenant is not technical invalidity — it is the move-out dispute (deductions, deposit return delays, claims for additional rent). Each element below addresses a real-world dispute pattern.

Element	Why it matters
Tenant name(s)	Establishes which tenants are giving notice. If there are cotenants and only some are leaving, the notice should be clear about who is and is not part of the termination.
Rental property address with unit	Identifies the specific tenancy being ended. Imprecise addresses cause more disputes than people expect, especially in multi-unit buildings.
Date of notice	Establishes the day the notice was given, which is what § 91.001(b) measures one month from. Align it with the proof of delivery.
Last day of tenancy	The defined date the tenancy ends — effective only if it is not earlier than one month after the notice was given. This is the rent-stop date; the deposit clock in § 92.103(a) runs from surrender of the premises.
Forwarding address	Tells the landlord where to mail the deposit and itemization. Under § 92.107(a) the landlord has no obligation to refund or itemize until a written forwarding address is given — though § 92.107(b) preserves the underlying right.
Pre-move-out walkthrough request (optional)	Asks the landlord to do a pre-move-out walkthrough and tell you what would be deducted from the deposit. One of the highest-leverage moves for deposit recovery, even where not required by statute.
Tenant signature(s) and date	Authenticates the notice as actually given by the tenant on the date stated.
Landlord/property manager name and address	Clarifies who is being noticed. If the lease names a different person from the property manager, address both to avoid argument.

How to deliver the notice to your landlord

§ 91.001 prescribes no form: it does not require the notice to be in writing and it names no delivery method. Give it in writing anyway and keep proof of delivery. The statute’s silence means that if the landlord denies receiving notice, the tenant carries the burden of proving it was given. That makes proof of delivery the practical requirement: if the landlord later denies receiving notice, the tenant who has documentary proof prevails. The methods below are listed in order of evidentiary strength. (Do not import the delivery rules from § 24.005(f-3) here — those govern a landlord’s notice to vacate, not a tenant’s § 91.001 termination notice.)

Move-out timeline and key dates

The full move-out arc — from notice through deposit return — is structured by two clocks: the one-month termination clock under Tex. Prop. Code § 91.001(b) and the 30-day deposit clock that runs from surrender under Tex. Prop. Code § 92.103(a). Here is the typical sequence.

The clean version of this timeline plays out in roughly 60 days from notice to deposit return. The version that goes wrong adds weeks — disputes over whether the notice was timely, missing forwarding address mail-backs, deductions the tenant disputes. The mitigations are all on the tenant side: deliver with proof, request a pre-move-out walkthrough, document the unit on the way out, and provide a real forwarding address.

Pay rent through the whole notice period even if you move out earlier. Returning keys early does not, by itself, end your rent obligation. The tenancy ends on the date fixed by § 91.001(b) — the later of the day stated in the notice and one month after the notice was given — and earlier physical departure is fine, but the rent runs through that date unless the landlord agrees in writing to release you sooner. (Some landlords will agree to release the tenant once a replacement is found; ask, but get it in writing.)

What happens after the notice period ends

On the last day of tenancy stated in your notice, the tenancy formally terminates. You should surrender possession on or before that date — return all keys, garage remotes, mail keys, and any access cards or fobs. Document the condition of the unit with timestamped photos and video, ideally at the same time you do the move-out walkthrough. Confirm in writing (text is fine for this part) that the keys have been returned and the unit surrendered.

Tex. Prop. Code § 92.103(a) requires the refund on or before the 30th day after the date the tenant surrenders the premises. Under § 92.104(a) the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching it; § 92.104(b) forbids retaining any part of the deposit for normal wear and tear; and § 92.104(c) requires a written description and itemized list of all deductions — with no dollar threshold — unless the tenant owes rent at surrender and there is no controversy about the amount. Under § 92.107(a) the landlord is not obligated to refund or itemize until the tenant gives a written statement of a forwarding address, but § 92.107(b) is explicit that the tenant does not forfeit the right merely by failing to give one. Normal wear and tear — ordinary carpet wear, paint fading over a long tenancy — may not be charged at all under § 92.104(b).

If the deposit and itemization arrive on or before the 30th day and the deductions are reasonable, the move-out is complete. If the landlord misses the deadline or makes deductions that look unfounded, your remedy is a written demand letter followed by suit in justice court. Under § 92.109(a) a landlord who in bad faith retains a deposit is liable for one hundred dollars, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees. Under § 92.109(b) a landlord who in bad faith fails to give the written description and itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damage to the premises, and owes the tenant’s attorney’s fees. § 92.109(c) puts the burden of proving that a retention w