How to tell a tenant his month-to-month lease won’t be renewed

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03/11/2016 | Author: Editorial Staff

I’m a property manager and I used the TAR Residential Lease with a tenant who is now on a month-to-month basis and is current on his rent. The landlord has decided not to renew his month-to-month lease anymore. Is there a form I should use to tell the tenant his lease won’t be renewed?

Yes. Use the Notice of Landlord’s Intent Not to Renew (TAR 2217) to inform the tenant that the lease won’t be renewed. The landlord must still comply with the notice requirements in Paragraph 4B of the TAR lease.

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Categories: Property Management, Forms, Legal, Landlords, Renters
Tags: lease, leases, property management, landlord, renter, residential lease, forms, legal, legal faq


Kyle Ranne on 03/18/2016

To address Gayle’s comments, the question DOES refer to the landlord wanting the tenant to vacate the property because “the landlord has decided not to renew his month-to-month lease anymore.  The topic of the article is about vacating the property due to lease termination.
The language in The Notice of Landlord’s Intent Not to Renew states:
“The above-referenced lease ends on (date).  Landlord does not intend to renew or
extend the lease. Please vacate the property on or before this date, return all keys to the undersigned, and provide written notice of your forwarding address.”

To Richelle’s question regarding buying a property where a lease is involved, legal leases convey with the sale of the property.  The tenant cannot be evicted or given a termination notice just because a different owner is involved after the sale of the property.  However, tenants may be willing to leave if incentives are provided, such as 30-60 days of free rent while they find a suitable place to relocate.  This helps them off-set the moving expense they would not incur if they chose to stay until the end of their lease.

I hope this helps.

Gayle Rosenthal on 03/17/2016

Richelle, You need to know when the lease expires. You cannot notify someone to vacate unless the lease is ended.

Richelle Norwood on 03/17/2016

I am interested in purchasing a property that is currently tenant occupied. I am not interested in using the property for rental but rather homestead.  If I understand the previous comments, I need to issue both a notice of non renewal and notice of vacate?  The lease is a 2 yr lease.

Gayle Rosenthal on 03/17/2016

No, in fact the issue of a right to occupancy for 30 days and occupancy under a lease for a defined period are separate issues. You can decide not to renew a lease and the tenant still has a right to occupy under a month to month tenancy.  What is most important to give the tenant notice of is the notice to vacate. 

If you do nothing at the end of a lease, and the tenant does nothing,  a month-to-month tenancy with a right of occupancy continues until specifically terminated.

Christopher Badger on 03/17/2016

Actually,  the question states “The landlord has decided not to renew his month-to-month lease anymore. Is there a form I should use to tell the tenant his lease won’t be renewed?”  So the question is in fact about taking possession of the property.

Gayle Rosenthal on 03/17/2016

The question is about lease renewal and does not mention whether then landlord wants the tenant to vacate.  The notice that is pertinent and contained in the 2217 is to vacate the property.  That was not a part of the question but is certainly an important point to cover.

Christopher Badger on 03/17/2016

Notice must still be given, as the lease automatically renews month-to-month if it is not.

Gayle Rosenthal on 03/17/2016

Actually if you do nothing the same result happens. All leases contain a clause that says if the lease does not renew, the lease converts to a month-to-month tenancy
with the same provisions. I find the main change is that if my lease has a 60 day notice provision, which I prefer, I lose that edge and we both end up with a 30 day notice requirement. 

I use the notice that landlord’s intent not to renew in order to let the tenant know the owner wants possession of the property.

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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