How much notice does a Texas landlord give a month-to-month tenant?

Property Code Section 91.001 says a month-to-month tenancy can be ended by either side giving notice, and it ends on the later of the date in the notice or one month after the notice is given. A signed agreement can set a different notice period.

Who returns the security deposit after a sale?

Under Property Code Section 92.105, the new owner is liable for returning security deposits from the date title is acquired, and must give the tenant a signed statement with the deposit amount. The former owner stays liable until the new owner receives the deposit or assumes the liability, unless a written contract says otherwise.

Can I change the locks to get a tenant out so I can sell?

No. Section 92.0081 says a landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process, with narrow exceptions. If a tenant has to leave, that goes through the proper notice and, if needed, the courts.

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Selling a Rental in Texas: How Much Notice Do Tenants Get?

By the Land Dreamz team · Published October 19, 2026 · 5 min read · Leer en español

Short answer: In Texas, selling a rental does not by itself end the tenant's lease. The Texas State Law Library explains that a new owner is bound by the existing lease, and unless the lease says it ends on a sale, the tenant can stay until the term runs out. If the tenant is month to month, Property Code Section 91.001 says either side can end the tenancy with notice, and it ends one month after the notice is given unless a signed agreement sets a different period. The buyer becomes responsible for the security deposit under Section 92.105 and must give the tenant a signed statement. A landlord may not lock a tenant out except through the courts or the narrow exceptions in Section 92.0081.

If you own a rental in Texas and want to sell it, the first question is usually about the tenant: how much notice do they get, and do they have to leave? The short answer is that the sale itself does not end the lease. What notice applies depends on what kind of tenancy you have. This guide walks through the Texas rules with the statute and the State Law Library's own words.

This article is general information for Texas property owners. It is not legal advice. Talk to a Texas attorney before you give a tenant notice.

The sale does not end the lease

The Texas State Law Library answers this directly: when a property changes ownership, the new owner is bound by the terms of the existing lease. If the lease does not say it ends when the property is sold, the owner cannot remove the tenant or change the lease. When the lease term runs out, the new owner can choose to renew it, change the rent or change the terms.

In practice, that means a tenant with six months left on a one-year lease keeps those six months, whether you sell or not. Read your lease first. Some leases have a clause about a sale; most of the time, the answer is in that document, not in a statute.

If the tenant is month to month

If the original lease has expired and the tenant still pays month to month, Texas Property Code Section 91.001 sets the default:

Either the landlord or the tenant can end a month-to-month tenancy by giving notice to the other.
If rent is paid monthly or for a longer period, the tenancy ends on the later of the date stated in the notice, or one month after the day the notice is given.
If the rent period is shorter than a month, the notice period matches the rent period.
A different notice period applies if the landlord and tenant agreed to one in a signed writing.

So, with no other agreement, a month-to-month tenant gets at least a month. Ending a tenancy is not the same as removing someone who will not leave. That is an eviction, which goes through the courts, and it is a question for a Texas attorney.

What happens to the security deposit

Texas Property Code Section 92.105 covers deposits when ownership changes:

The new owner is liable for returning security deposits from the date title is acquired.
The new owner must give the tenant a signed statement that they bought the property, are responsible for the deposit, and the exact amount.
The former owner stays liable for a deposit they received until the new owner has received it or assumed the liability, unless a written contract says otherwise.

The simple way to handle it is at closing: the deposit is credited to the buyer on the closing statement, and you keep a copy. Our guide on who pays closing costs in a Texas sale explains how credits like that show up.

What you cannot do

Section 92.0081 says a landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process. There are narrow exceptions, such as repairs, emergencies and abandoned property, but changing the locks to clear a house for a sale is not one of them. The same section limits removing doors, windows or the tenant's belongings.

Showing the property and working with the tenant

Whether and how you can show the home to buyers usually depends on the lease. Read the access clause and give the tenant reasonable notice in writing. Clear, fair communication makes showings easier for everyone. Some owners offer to return part of the rent or help with moving costs in exchange for an earlier move-out. Put any agreement like that in writing and signed by both of you.

Selling with the tenant in place

You do not have to wait for a tenant to leave. Some buyers, especially investors, buy rentals with tenants in place. Give the buyer the lease, the rent history and the deposit amount up front so they know what they are taking over.

If you are tired of managing the property, our page for landlords ready to sell covers the options. If the house needs work too, see selling a house as it is. And if you want a number to compare, you can ask us for a cash offer on the rental as it is, lease and all.

Common questions

Does selling a house end the lease in Texas?: No, not by itself. The Texas State Law Library explains that when a property changes ownership, the new owner is bound by the terms of the existing lease. Unless the lease says it ends if the property is sold, the tenant can stay until the lease term ends.
How much notice does a Texas landlord give a month-to-month tenant?: Property Code Section 91.001 says a month-to-month tenancy can be ended by either side giving notice, and it ends on the later of the date in the notice or one month after the notice is given. A signed agreement can set a different notice period.
Who returns the security deposit after a sale?: Under Property Code Section 92.105, the new owner is liable for returning security deposits from the date title is acquired, and must give the tenant a signed statement with the deposit amount. The former owner stays liable until the new owner receives the deposit or assumes the liability, unless a written contract says otherwise.
Can I change the locks to get a tenant out so I can sell?: No. Section 92.0081 says a landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process, with narrow exceptions. If a tenant has to leave, that goes through the proper notice and, if needed, the courts.
Can I sell a rental with the tenant still living there?: Yes. Some buyers, especially investors, buy rentals with tenants in place. Give the buyer the lease, the rent history and the deposit amount so they know what they are taking over.

Sources

Each source was opened and read on October 19, 2026. Rules and rates change: check the source for the current version.

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