A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In Texas, a month-to-month tenancy is recognized for both residential and commercial properties. This type of tenancy does not have a fixed end date and continues until either the landlord or tenant decides to terminate it. The tenancy is maintained by the tenant's regular monthly rent payments. Under Texas law, to terminate a month-to-month tenancy, either party must give the other a written notice of at least 30 days before the intended termination date. This notice period allows both parties to make necessary arrangements. If a fixed-term lease expires and the tenant remains in the property without signing a new lease but continues to pay rent, a month-to-month tenancy is often presumed to have been established under Texas law. It's important to note that local ordinances may impose additional requirements, so it's advisable to consult with an attorney for specific legal advice regarding month-to-month tenancies in a particular locality within Texas.
