Texas Tenant Advisor

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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

This web site is a public service of the Texas Low Income Housing Information Service.

A lease can terminate because:
An agreement of both parties,
Automatically when the lease ends, or
One of the parties breached (broke) the rules of a lease.

By agreement

A landlord and a tenant can agree to change or completely terminate a lease at any time. If you have an agreement, be sure you reduce it to writing and have the landlord sign the agreement.

When the lease ends
* End of Express Lease Term
* Month-to-Month Terminations
* Exceptions to Failing to Renew or Terminating a Month-to-Month

End of express lease term

Most written leases specify the lease time period. But, most written leases state that at the expiration date the lease is automatically renewed either for the same period (e.g., one year or six months) or on a month-to-month basis, unless one of the parties indicates otherwise. Some people say they are not under a lease after the expiration date and this is often not true. The original lease term has expired, but by the conduct of both parties, the lease is being renewed each month and will continue to do so until somebody gives a notice. Therefore, even if the lease is about to expire, the party wishing to terminate the lease on the expiration date must usually give a notice 30 or 60 days days prior to the expiration date. You should read your lease to determine how much notice must be given if one party wants to terminate the lease at the date listed in the agreement.

A landlord can decide not to let the lease renew for ANY reason, unless the landlord illegally retaliates or discriminates. A tenant can decide not to let the lease renew for any reason.

Month-to-month (periodic tenancy) terminations

A month-to-month tenancy may be terminated by either the landlord or the tenant for ANY reason usually by giving one month's notice in advance. For example, if you get into a disagreement with your neighbor after he has a party late at night and you call the landlord to complain, the landlord could ask you to move in 30 days if you are in a month-to-month tenancy. Although the landlord might not be acting wisely, the landlord could legally terminate the month-to-month lease (you could also say that the landlord is failing to renew your lease at the end of the term). If you failed to move, the landlord would probably succeed in an eviction case unless you could prove that the landlord was actually illegally retaliating or discriminating against you. The landlord does not have to prove you broke the lease or a rule of any kind. The landlord is simply stating that it does not want to lease to you any longer and so long the proper amount of notice is given, the landlord is entitled to get the property back. See Eviction.

The notice can provide for termination on any day of the month, as long as the date of termination is at least one month from the date of the notice. If the notice terminates the tenancy on a day which does not correspond to the end of the month or the beginning of a rent paying period, the tenant need only pay for rent up to the date of termination. However, if rent is paid more than once a month, it is sufficient to give a termination notice only equal to the interval between rental payments. For example, if you pay your rent weekly, you or your landlord need give only one week's notice in writing in order to terminate the tenancy.

Exceptions to landlord's right to not renew a lease

The only possible exceptions to the landlord's right to terminate a month-to-month lease (or fail to renew a lease) is if the landlord is illegally retaliating against you as described in Retaliation or if the landlord is illegally discriminating against you as described in Discrimination. Even in these situations, a landlord may be successful in terminating your rights to possession and evicting you; however, you would still have a clear right to sue for wrongful eviction, actual damages, attorney's fees, statutory penalties and other damages. This may seem unfair, but you have the right to terminate a month-to-month lease in 30 days (or fail to renew at the end of the lease) for any reason and without exception. (See your lease to confirm the amount time that must be given. Some leases these days may require more than 30 days.)

[A tenant in Section 8, government-owned or -subsidized housing often has an additional protection concerning a lease renewal. Many government programs require the landlord to have a good cause if he does not wish to renew the lease (or wishes to terminate a month-to-month lease). Good cause is usually defined in the lease. Call an attorney for more information.]

When one of the parties broke the rules of a lease

A landlord may try to terminate if you fail to pay rent on time, violate the rules, or fail to act according to other lease provisions. Most landlords terminate only the tenant's right to possession and still require the tenant to complete the obligation to pay rent. However, even if the landlord terminates the lease (or your rights to possession), you still have the right to dispute the landlord's decision and stay in your house or apartment and demand a judge or jury make the determination. The landlord cannot physically remove you from the premises unless an eviction suit has been properly filed and a judgment has been issued against you. See Eviction for more information. But, because eviction court records are public documents and are used by many landlords to screen potential tenants, it may be best to attempt to negotiate (or simply move out before their deadline), rather than risk having a court record. Even if you win an eviction, many landlords may pause before renting to you. Beating a landlord in court could mean you are a troublemaker to a typical landlord, rather than a good tenant that a judge or jury thought was more reasonable. Moving out does not necessarily mean you cannot sue later for wrongful eviction or wrongful termination.

A tenant in some circumstances can terminate the lease because of the landlord's conduct or other incident making the premises completely uninhabitable.

Continue on to Getting Out...