Free Texas Month-to-Month Lease Agreement Template (2025) – Download PDF & Word

As a Texas real estate attorney and template drafter with over 12 years of experience helping landlords and tenants across the Lone Star State, I’ve drafted and reviewed thousands of residential leases. One of the most requested documents in my practice is a clean, compliant month to month lease agreement Texas template that follows current Texas Property Code requirements while remaining simple enough for self-managing landlords to use confidently.

In this comprehensive guide, I’m giving you my battle-tested, attorney-reviewed Texas month-to-month rental agreement template completely free (updated for 2025), along with everything you need to know about Texas month-to-month lease laws, termination rules, required disclosures, and best practices that protect both landlords and tenants.

Quick Download Links:
Download Texas Month-to-Month Lease Agreement – PDF
Download Texas Month-to-Month Lease Agreement – Word (.docx)

Disclaimer: This template and article are for informational purposes only and do not legal advice. Laws change, and your specific situation may require customization. Always consult a licensed Texas attorney or professional before signing or enforcing any lease.

What Is a Month-to-Month Lease Agreement in Texas?

A month to month rental agreement Texas (also called a tenancy at will) is a rental contract that automatically renews each month unless either the landlord or tenant provides proper written notice to terminate. Unlike a standard one-year lease, it offers maximum flexibility—perfect for tenants who may relocate for work or landlords who want the option to sell or re-rent quickly.

Under Texas Property Code § 91.001, a month-to-month tenancy is the default arrangement when no written lease exists or when a fixed-term lease expires and the tenant remains with the landlord’s permission. Having a written month to month lease agreement Texas is still strongly recommended because it clearly defines rent amount, due date, late fees, maintenance responsibilities, and termination procedures.

Key Texas Month-to-Month Lease Laws You Must Follow in 2025

Texas is one of the most landlord-friendly states, but several statutes directly affect month-to-month tenancies:

• Notice to Terminate – Texas Property Code § 91.001 requires at least 30 days’ written notice from either party to end a month-to-month tenancy (unless the agreement specifies a different period). The notice period must end on the rent due date or lease anniversary.
• Rent Increase Notice – Landlords must give at least 30 days’ written notice before raising rent on a month-to-month lease.
• Security Deposit Return – Texas Property Code § 92.103 requires return within 30 days after surrender of the premises.
• Required Disclosures – Lead-based paint (for homes built before 1978), pool safety (if applicable), parking/towing rules, and Texas Property Code § 92.056 lockout/self-help eviction prohibitions.
• No Rent Control – Texas prohibits local rent control ordinances (Tex. Loc. Gov’t Code § 214.902).

Source: Texas Property Code Chapter 91 and Chapter 92

Benefits and Risks of Month-to-Month Rental Agreements in Texas

	For Landlords	For Tenants
Flexibility	Can raise rent or terminate quickly	Can move with only 30 days notice
Risk	Higher vacancy turnover	Rent can increase anytime with notice
Best For	Properties in transition or high-demand areas	Short-term jobs, students, military

Free Texas Month-to-Month Lease Agreement Template – What’s Included (2025 Version)

My free template contains every clause I use in paid client agreements:

• Parties & Property Identification
• Term (Month-to-Month with auto-renewal)
• Rent Amount, Due Date & Late Fees
• Security Deposit & Pet Deposit
• Utilities Responsibility
• Maintenance & Repairs
• Termination Notice (30 days)
• Texas-Required Disclosures (lead paint, flood zone, etc.)
• Parking & Towing Rules
• Entry Rights (24-hour notice except emergencies)
• Default & Remedies
• Severability & Governing Law (Texas)
• Signatures & Date

How to Properly Fill Out and Use the Texas Month-to-Month Rental Agreement

1. Download the PDF or Word version above.
2. Insert Names – Full legal names of all tenants 18+ and the landlord/property manager.
3. Property Address – Include unit number if applicable.
4. Rent Details – Specify exact amount, due date (e.g., 1st of each month), acceptable payment methods, and late fee (Texas allows “reasonable” late fees; I recommend $75 or 10%, whichever is greater).
5. Prorate First Month if tenancy begins mid-month.
6. Attach Addendums – Pet addendum, parking rules, pool rules, crime-free addendum, etc.
7. Both Parties Sign – Texas does not require notarization for residential leases.
8. Provide Copies – Give tenant signed copy within 3 days.

Common Mistakes Texas Landlords Make with Month-to-Month Leases

In my practice, I see these errors repeatedly:

• Accepting partial rent after serving termination notice (waives the notice in many cases)
• Only giving 3-day notice to vacate instead of 30-day termination
• Charging excessive late fees (courts routinely strike fees over 12%)
• Failing to include mandatory disclosures (can void certain lease clauses)
• Using out-of-state templates that violate Texas self-help eviction ban

Sample Termination Notice Letter (Texas Month-to-Month)

Here’s the exact language I use:

[Your Name]
[Your Address]
[City, State, ZIP]
[Date]

[Tenant Name]
[Rental Address]
[City, State, ZIP]

NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY

Pursuant to Texas Property Code § 91.001, this letter serves as thirty (30) days written notice of my intent to terminate your month-to-month tenancy at the above-referenced property effective [exact date – must be last day of rental period].

You are required to vacate and surrender possession on or before the above date.

Sincerely,
[Your Signature]

Frequently Asked Questions About Texas Month-to-Month Lease Agreements

Can a landlord evict a month-to-month tenant without cause in Texas?
Yes. After proper 30-day written notice, the landlord may file eviction if the tenant does not vacate.

Can a tenant break a month-to-month lease early in Texas?
Only by giving 30 days written notice. They remain liable for rent until the end of the notice period or until the unit is re-rented.

Is a written agreement required for month-to-month in Texas?
No, but strongly recommended. Oral month-to-month tenancies default to 30-day notice under § 91.001.

Can I charge an application fee for month-to-month tenants?
Yes. Texas has no cap on application fees, but they must be reasonable and actually spent on screening.

Final Thoughts – Protect Yourself with a Solid Agreement

A clear, compliant month to month lease agreement Texas prevents 90% of the disputes I see in eviction court. Download my free 2025 template today, customize it for your property, and sleep better knowing your rights (and your tenant’s rights) are clearly spelled out.

Remember: This free template is a starting point. If you own multiple properties or have unique circumstances (Section 8, short-term rentals, commercial elements), consider having an attorney review your final version.

Have questions about your specific situation? Feel free to comment below—I read every one.

Download Your Free Texas Month-to-Month Lease Agreement Now:
Texas Month-to-Month Lease – PDF (2025)
Texas Month-to-Month Lease – Word (2025)

Stay compliant. Stay protected. Happy landlording!

Written by [Your Name], Texas Real Estate Attorney
Last updated: November 2025
Sources: Texas Property Code Chapters 91, 92, 93 & IRS Publication 527