[TX] [TX] How do I end or update a month-to-month lease when the tenant refuses to sign a new one?
I don’t have a copy of my current lease with my tenant. We’d like to update it, but he doesn’t want to sign or change the lease. What form would I use?
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Since it’s month-to-month, you can change or terminate the tenancy with 30 days’ written notice. You could use a Notice of Change in Terms of Tenancy instead of a whole new lease (Texas Property Code § 91.005). Just give 30 days' notice before the next rent due date. Attach the new lease for clarity. If he refuses, you can serve a Notice of Termination (Texas Property Code § 91.001).
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I don’t have a copy of my current lease with my tenant. We’d like to update it, but he doesn’t want to sign or change the lease. What form would I use?
Lexi, Chatbot
Have you discussed the changes with your tenant?
Yes, and we presented a new written lease.
Lexi, Chatbot
Are you making specific changes or just general updates?
I’m not sure of the difference.
Lexi, Chatbot
Got it. I’ll connect you with the landlord-tenant lawyer.
I don’t know.
TJ, Esq.
Hi, I’m TJ, an attorney. I’ll help clarify things. You can’t force a tenant to sign a new lease mid-term. If it’s month-to-month, you can modify or end it with proper notice. What state are you in?
Texas. It’s always been month-to-month, rent due on the 15th. We can’t find the original lease. We gave him a new one clarifying utilities, vehicles, and repairs.
TJ, Esq.
Since it’s month-to-month, you can change or terminate the tenancy with 30 days’ written notice. You could use a Notice of Change in Terms of Tenancy instead of a whole new lease (Texas Property Code § 91.005). Just give 30 days' notice before the next rent due date. Attach the new lease for clarity. If he refuses, you can serve a Notice of Termination (Texas Property Code § 91.001).
We gave him the new lease seven months ago and he keeps refusing. Would I still need to give a 30-day notice of change and then another 30 days if he refuses?
TJ, Esq.
Yes, you still need to give a formal 30-day written notice. But if you want to move things faster, you can skip straight to a Notice of Termination of Tenancy. That gives him 30 days to vacate, aligning with the rent due date. If he signs the new lease, you can rescind the notice.
How does the termination notice work with the rent due date? Should we still accept rent during the 30 days?
TJ, Esq.
Excellent question. Yes, accept rent that covers the notice period. Just don’t accept rent beyond the termination date, or it resets the tenancy. If rent is due on the 15th, your notice should make the tenancy end on the 14th of the following month.
Thank you! Would you help write the notice or recommend a template?
TJ, Esq.
I can draft one for a $50 premium service. Otherwise, here’s what to include:
– Date, names, and property address
– Clear statement ending the month-to-month tenancy
– Move-out date (at least 30 days out, aligned with rent cycle)
– Rent and utility responsibilities
– Delivery method (certified mail or hand delivery)
Keep a copy for your records.
Thank you, I’ll talk with my husband and get this drafted right away.
TJ, Esq.
You’re very welcome! Glad I could help.
TJ, Esq.
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