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In Texas, landlords can choose not to renew a lease when it expires, even if the tenant pays on time and meets all their obligations.
However, the Texas Property Code sets certain conditions for ending the rental relationship. Notice periods and legal restrictions depend on the type of lease and the circumstances of each case.
What does the Texas Property Code say about renewing leases?
The Texas Property Code allows both landlords and tenants to end certain rental relationships, as long as they follow the lease terms and the procedures set by law.
A landlord can refuse to renew a lease when it expires, even if the tenant pays on time and meets their obligations, without having to justify the decision.
However, that does not mean a landlord can end an existing lease early without a legal or contractual basis to do so.
How far in advance must a landlord give notice that they do not want to renew the lease?
According to Section 91.001 of the Texas Property Code, the notice period depends on the type of lease and the agreements between the parties.
- Monthly leases: generally, the landlord must give at least one month’s notice.
- Leases with payment periods shorter than one month: the notice period is calculated based on the length of the payment period.
- Fixed-term leases: the notice period depends on the agreed-upon terms, since state law does not set a universal notice period.
- Special agreements: the landlord and tenant may set a different notice period through an agreement signed by both.
In what cases can a landlord not refuse to renew the lease?
Although Texas law allows landlords to decide not to renew a lease, there are circumstances in which that decision may be illegal.
According to the Property Code, the restrictions include:
- When the refusal is in response to the exercise of protected rights, such as requesting repairs. Section 92.331 provides protections against certain retaliation for six months after those actions.
- When the decision is based on characteristics protected under fair housing laws, such as race, religion, national origin, sex, disability, or family status.
- In properties covered by the Low-Income Housing Tax Credit (LIHTC) program, the landlord must have good cause to terminate the tenancy.
What happens if the tenant does not move out when the lease ends?
If the lease has legally ended and the tenant remains on the property without permission, the landlord can begin eviction proceedings in court.
According to the Texas State Law Library, the process generally includes the following steps:
- Notice to vacate: The landlord must give notice to leave the property, generally at least three days in advance, unless the lease sets a different deadline.
- Lawsuit: If the tenant does not leave the property, the landlord can file an eviction lawsuit.
- Court ruling: A court determines whether to order the tenant to vacate the property.
- Carrying out the eviction: If there is a valid court order, a sheriff or constable can step in to recover possession of the property.
The landlord cannot evict the tenant on their own or remove their belongings at will without following legal procedures.