Texas · Moving out

Texas notice to vacate — the 1 month rule and a free letter

Texas ties the tenant’s notice to the rent-paying period: under Tex. Prop. Code § 91.001, a month-to-month tenancy ends on the later of the date named in the notice or one month after the day notice is given. That “later of” rule is the trap in Texas — a letter delivered June 12 naming June 20 doesn’t end the tenancy June 20; it ends July 12. The statute also has a tenant-friendly quirk: if your termination date doesn’t line up with the start or end of a rent period, § 91.001(d) says you owe rent only through the termination date, prorated. A signed lease clause can replace all of this with its own notice length (commonly 30 or 60 days in Texas Apartment Association leases), so read your lease first. After move-out, Tex. Prop. Code § 92.103 gives the landlord 30 days to refund your deposit — but § 92.107 pauses that clock until you hand over a forwarding address in writing.

1 monthtenant month-to-month notice · Tex. Prop. Code § 91.001

Not legal advice — general information for Texas. Last reviewed: July 2026.

Tenant name(s)Landlord / property managerRental address (street, unit, city, state, ZIP)

StateMove-out date

Delivery methodForwarding address (optional — for your deposit)Reason (optional)

Notice-period check

Your date clears the state minimum

August 7, 2026 gives 35 days' notice — at or above Texas's 1 month minimum for month-to-month tenants (Tex. Prop. Code § 91.001). If your lease requires more, the lease controls.

Most statutes count notice to the end of a rental period — if rent is due on the 1st, plan to move out on the last day of a month.

[Tenant name(s)]

[Rental address]

July 3, 2026

[Landlord / property manager name]

Landlord / Property Manager

RE: Notice of intent to vacate — [Rental address]

Dear [Landlord / property manager name],

Please accept this letter as my written notice of intent to vacate the rental unit at [Rental address]. My tenancy will end and I will deliver possession of the premises no later than August 7, 2026. This provides at least 1 month of written notice, as required for month-to-month tenancies in Texas (Tex. Prop. Code § 91.001).

I will remove all personal belongings, return all keys and access devices, and leave the unit in clean condition, normal wear and tear excepted. Please contact me to schedule a move-out inspection.

I will provide a forwarding address for the return of my security deposit before my move-out date.

This notice is delivered via certified mail with return receipt requested on July 3, 2026.

Sincerely,

[Tenant name(s)]

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Texas notice rules

✓Give at least one month for monthly rent: the tenancy ends on the later of the date in your notice or one month after the day you deliver it (§ 91.001(b)).
✓Rent paid weekly or biweekly? The notice equals that shorter rent-paying period instead (§ 91.001(c)).
✓A mid-period move-out date is legal — § 91.001(d) prorates your rent through the termination date.
✓A lease clause signed by both parties overrides § 91.001 entirely — many Texas leases require 30 or 60 days’ written notice, and courts enforce that instead.
✓The statute doesn’t mandate a delivery method, so use certified mail with return receipt or hand delivery with a witness and keep a dated copy.
✓Put your forwarding address in the letter in writing — § 92.107 says the landlord doesn’t have to refund the deposit or itemize deductions until you do.

For landlords

Landlords follow the same § 91.001 rule — notice equal to the rent-paying period, one month for monthly rent — and Texas has no statewide rent control or just-cause requirement, so a landlord can non-renew a month-to-month tenancy with proper notice alone. A signed lease can shorten or lengthen the notice for either side.

Worked example with real dates

Priya rents month-to-month in Houston at $1,480 with rent due on the 1st. On June 12, 2026 she hands her landlord a signed letter naming July 15 as her move-out date. Under § 91.001(b) the tenancy ends on the later of July 15 (the date in the notice) or July 12 (one month after delivery) — so July 15 stands. Because that date falls mid-period, § 91.001(d) means she owes only 15 days of July rent, about $716 at $47.74/day. If she had named June 20 instead, the “later of” rule would have pushed termination to July 12 anyway. Her letter includes her new Dallas forwarding address in writing, which starts the § 92.103 clock: the landlord has 30 days from surrender — until August 14 — to refund the deposit or send an itemized list of deductions.

Texas notice to vacate FAQ

How much notice does a month-to-month tenant have to give in Texas?

Notice equal to your rent-paying period — one month when rent is paid monthly (Tex. Prop. Code § 91.001). The tenancy ends on the later of the date in your notice or one month after you deliver it. But if you and your landlord signed a lease setting a different notice period (or waiving notice), that agreement controls instead.

Can I move out in the middle of the month in Texas?

Yes, if the statute (not a lease clause) governs your tenancy. Texas Prop. Code § 91.001(d) says that when the termination date doesn’t line up with the start or end of a rent period, you owe rent only up to the termination date — prorated. Just remember the “later of” rule: your move-out date can never be sooner than one month after the day you give notice.

How long does a Texas landlord have to return my security deposit?

30 days after you surrender the premises (Tex. Prop. Code § 92.103). But under § 92.107 the landlord isn’t obligated to refund it or describe deductions until you give a written forwarding address — so put that address in your notice letter. A landlord who keeps a deposit in bad faith can owe $100 plus three times the wrongly withheld amount plus attorney’s fees (§ 92.109).

Is there an official Texas notice-to-vacate form for tenants?

No — Texas publishes no official tenant notice-to-vacate form. The Texas State Law Library’s landlord-tenant guide explains § 91.001 and links tenant resources, and TexasLawHelp recommends a dated, signed letter with the rental address, move-out date, and forwarding address, sent by certified mail or delivered with a witness. This generator’s letter covers those elements.

Sources

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