Texas Lease Agreement

• No statewide deposit limit. The refund is due on or before the 30th day after the tenant surrenders the unit, but the landlord need not send it, or the written description of damages and charges, until the tenant gives a forwarding address in writing (Tex. Prop. Code §§ 92.103, 92.107).

Source read 12 Oct 2026 · Tex. Prop. Code §§ 92.103, 92.107

• Statutory text is 'one month', not 30 days: the tenancy terminates on the later of the day given in the notice or 'one month after the day on which the notice is given' (Prop. Code 91.001(a),(b)).
• Does not apply if landlord and tenant 'have agreed in an instrument signed by both parties on a different period of notice' or there is a breach of contract recognized by law (91.001(e)).

Quoted from the source:

“one month after the day on which the notice is given”

Source read 27 Sep 2026 · Tex. Prop. Code 91.001(a),(b),(e)

• Prop. Code 91.001(c): where the rent-paying period is less than a month, the tenancy ends on the later of the day given in the notice or the day after a period 'equal to the number of days in the rent-paying period' has run from the day notice is given.

Quoted from the source:

“extending for a number of days equal to the number of days in the rent-paying period”

Source read 27 Sep 2026 · Tex. Prop. Code 91.001(c)

• Prop. Code 24.005(a) covers a tenant who 'holds over beyond the end of the rental term or renewal period' — same 3-day written notice to vacate (lease may vary).

Quoted from the source:

“a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(a)

• No statewide just-cause/good-cause statute found in Prop. Code Chapters 24, 91 or 92; a month-to-month tenancy may be terminated by either party on notice under 91.001.

Quoted from the source:

“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.”

Source read 27 Sep 2026 · Tex. Prop. Code 91.001; 24.005

• Tex. Prop. Code 24.005(a): at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, 'unless the parties have contracted for a shorter or longer notice period in a written lease or agreement'.
• S.B. 38 (Acts 2025, 89th Leg., R.S., ch. 960), for suits filed on/after 2026-01-01: if the tenant was NOT late or delinquent before the month the notice is given, the notice 'shall be given in the form of a notice to pay rent or vacate'; if previously late, either a notice to vacate or a notice to pay rent or vacate may be used.
• New Prop. Code 24.0042 (S.B. 38): the period excludes the day of delivery, counts weekends/holidays, and if the last day falls on a Saturday, Sunday or state/federal holiday it extends to the next non-holiday day.
• 24.005(c-1) (S.B. 38): a federal notice requirement (e.g. CARES Act 30 days) does not delay filing, but the writ of possession may not be served until the federal period has run from delivery of the notice.

Quoted from the source:

“at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(a) as amended by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38), eff. 2026-01-01; Tex. Prop. Code 24.0042

• Allowed only if the written lease gives notice of it and rent is still unpaid two full days after it was due. Presumed reasonable up to 12% of the monthly rent in a building of four or fewer units, or 10% in a larger one; a higher fee must not exceed the landlord's uncertain damages from the late payment. An initial and a daily fee count as one fee (Tex. Prop. Code § 92.019).

Source: Tex. Prop. Code § 92.019

• Texas has no statutory comply-or-quit/cure notice: Prop. Code 24.005(a) requires only 'at least three days' written notice to vacate' for any tenant 'who defaults', and the lease may set a shorter or longer period.
• Any cure opportunity comes from the lease (24.005(e): if the lease or applicable law requires an opportunity to respond to a notice of proposed eviction, the notice to vacate may not be given until that period expires).

Quoted from the source:

“unless the parties have contracted for a shorter or longer notice period in a written lease or agreement”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(a), (e)

• Triggers: any default under the lease or holding over (24.005(a)); tenant at will or by sufferance (24.005(b), pre-amendment text: 'at least three days' written notice to vacate').
• Lease may shorten (even to 1 day) or lengthen the period if in a written lease or agreement (24.005(a)).

Quoted from the source:

“the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(a), (b)

• From 2026-01-01 (Prop. Code 24.005(f-3), S.B. 38): notice must be delivered by at least one of (1) mail, including first class, registered, certified mail or a delivery service; (2) delivery to the inside of the premises in a conspicuous place; (3) hand delivery to any tenant of the premises 16 or older; or (4) if the parties agreed in writing, electronic communication including e-mail; (f-4): the method list does not apply if the tenant actually receives the notice. Former (f)-(f-2) (inside-door/outside-door sealed envelope 'IMPORTANT DOCUMENT' procedure) repealed by S.B. 38 sec. 15.

Quoted from the source:

“A notice required by this section must be delivered using at least one of the following methods”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(f-3), (f-4) as added by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38)

• No prescribed statutory form text found; but from 2026-01-01 (S.B. 38) a nonpayment notice to a tenant who was not previously late must be 'in the form of a notice to pay rent or vacate' (Prop. Code 24.005(a)), and the eviction petition must describe 'when and how pre-suit notice was given, and whether it was a notice to vacate or a notice to pay rent or vacate' (TRCP 510, Misc. Docket No. 25-9096).

Quoted from the source:

“written notice under this section shall be given in the form of a notice to pay rent or vacate”

Source read 27 Sep 2026 · Tex. Prop. Code 24.005(a) (S.B. 38, 2025); Tex. R. Civ. P. 510 (as amended eff. 2026-01-01)