The Residential Lease (TXR 2001) automatically renews month-to-month until you or your tenant provides a written notice of termination. But when must notice be provided? That depends on Paragraphs 4A and 4B of the Residential Lease.
In Paragraph 4A, you or your tenant must provide the other party written notice not less than 30 days before the expiration date or not less than the time period inserted in the section.
If either party fails to provide written notice by the agreed-upon date, the lease renews month-to-month. Then Paragraph 4B comes into play.
Paragraph 4B says the lease will renew month-to-month until either party provides written notice of termination to the other party. The notice will be effective either on the last day of the month following the month notice is given or the date designated in the notice but not sooner than 30 days after notice is given.
If the landlord and the tenant select the last-day-of-the-month option, the landlord is not obligated to prorate rent even if the tenant surrenders the property before the termination date. If the landlord and tenant select the date designated in the notice option, rent will be prorated daily if necessary.