Non-Renewing a San Antonio Tenant at Lease End: Notice Timing, Month-to-Month Conversion, and Avoiding Retaliation Claims

Ending a tenancy at the natural end of the lease term is the cleanest exit a landlord gets in Texas — no eviction filing, no proving default, no arguing over the deposit. But most of the friction happens in the last 60 days of the term, and most of the landlord losses I see come from three mistakes: missing the notice window in the lease, letting the tenancy silently convert to month-to-month, and non-renewing right after a repair complaint. Handle those three correctly and you almost never see a JP courtroom.

The lease controls the notice window — read it before you send anything

Texas Property Code § 91.001 is the default rule for month-to-month tenancies: either party can terminate with written notice equal to one rent-payment interval, and the termination date is the later of (a) the day given in the notice or (b) one month after the notice is given. That statute is the fallback, not your first stop.

If you are on a fixed-term lease (the standard TAA Residential Lease used by most San Antonio landlords, or a custom one), the lease itself dictates the non-renewal notice period. Common windows:

• TAA lease — typically requires 60 days' written notice before the lease end date from whichever party wants the tenancy to end. If neither side gives notice, the lease usually converts automatically to month-to-month at a stated rate (often the current rent plus a month-to-month premium).
• Custom / investor leases — anywhere from 30 to 90 days. I've seen 90-day notice clauses on higher-end Alamo Heights and Stone Oak leases.
• Silent leases — if the lease says nothing about renewal, § 91.001 controls after expiration.

Pull the actual lease, find the renewal/termination paragraph, and calendar the deadline the day the tenant signs. If your notice window is 60 days and the lease ends June 30, your last day to serve non-renewal is May 1. Miss it and you either accept the auto-renewal terms or negotiate.

Put the notice in writing and deliver it in a way you can prove

Oral non-renewal is worthless if the tenant contests it. Send a written Notice of Non-Renewal that states:

• The property address and lease dates
• That the landlord will not renew and the tenancy ends on the lease expiration date
• The move-out date and time (typically 11:59 p.m. on the last day of the term)
• Where to return keys and forwarding address instructions for the deposit accounting under § 92.103

Deliver it two ways: certified mail with return receipt to the leased premises, and either hand delivery, email (if the lease authorizes electronic notice), or the delivery method your lease specifies. Keep the certified receipt and the tracking printout. If you ever have to file an eviction for holdover, the JP will ask how you served notice.

What most people get wrong

Assuming § 91.001's 30-day rule overrides the lease

§ 91.001 governs month-to-month tenancies and the wind-down of expired tenancies with no contract terms. It does not let you shortcut a 60-day contractual notice period on a fixed-term lease. If your lease says 60 days, send 60 days.

Accepting a rent check after the term expires

If the lease ended June 30 and the tenant sends July rent — and you deposit it — you have very likely created a new month-to-month tenancy under the same terms. Now you owe § 91.001 notice (one full rental period, expiring on a rent-due date) before you can end it. If you want the tenant gone, do not cash the check. Return it with a written statement that acceptance is refused and that the tenant is holding over.

Non-renewing 30 days after a code complaint or repair demand

Texas Property Code § 92.331 prohibits retaliation for 6 months after a tenant, in good faith, exercises a right — requesting a repair under § 92.052, complaining to code enforcement (City of San Antonio DSD), joining a tenants' organization, or exercising a right under the lease. Statutory damages are one month's rent plus $500, plus actual damages, attorney's fees, and court costs. Non-renewal counts as a retaliatory action if the timing lines up and you can't show a legitimate, non-retaliatory reason.

If a tenant filed a repair request in April and you decide in May not to renew, document the actual reason — sale of the property, owner move-in, chronic late payments, lease violations — and keep the paper trail. Better: consult a Texas landlord-tenant attorney before serving notice inside that 6-month window.

Forgetting the HOA and the market

If you rent in a Stone Oak, Alamo Ranch, or Cibolo HOA with a leasing cap or a minimum lease term, non-renewing to re-lease means going back to the front of the HOA's rental queue in some communities. Confirm you can re-lease before you push out a paying tenant. Same math for the market: December non-renewal in San Antonio means re-leasing in January, historically the slowest month. Aligning the term to end April–August materially reduces vacancy.

Non-renewing a military tenant mid-PCS

Active-duty tenants at JBSA-Lackland, Randolph, or Fort Sam Houston have SCRA protections (50 U.S.C. § 3955) that let them terminate on orders. That doesn't restrict your right to non-renew at term end, but if the tenant is deployed or in transit, service and communication get complicated. Coordinate through the unit's legal assistance office and give extra runway.

Month-to-month: keep it, end it, or convert it

If you want the flexibility of month-to-month — say you're planning to sell in the next 6 months and don't want to hand the buyer a locked-in tenant — let the lease convert and then either raise rent or terminate on 30 days' notice under § 91.001.

Rent increases on month-to-month tenants in Texas have no statutory cap (no rent control) and no minimum notice period unless the lease specifies one. Standard practice: give the same notice as you would to terminate — one full rental period, in writing, effective on a rent-due date. If the tenant refuses the new rate, you serve non-renewal and they vacate.

If the tenant holds over past the end date

A tenant who stays after a properly noticed non-renewal is a holdover tenant, not a month-to-month tenant. Your path:

1. Serve a 3-day notice to vacate under Texas Property Code § 24.005 (or the period stated in the lease, if different). Deliver in person, by mail, or by posting per statute.
2. File a forcible detainer (eviction) suit in the Bexar County JP court for the precinct where the property sits — Precincts 1, 2, 3, or 4 — through eFileTexas.
3. Hearing is typically set 10–21 days out. Bring the lease, the non-renewal notice with proof of service, and the 3-day notice with proof of service.
4. If you win, wait 5 days for appeal, then request the writ of possession. The constable executes it.

Holdover clauses in most TAA leases also let you charge holdover rent — often 1.5x to 2x daily rent — for every day the tenant remains. That's contract damages, separate from the eviction judgment.

Move-out mechanics

On the last day, do the move-out inspection with the tenant if possible, take date-stamped photos and video of every room, and collect keys and garage remotes. The security deposit clock under § 92.103 starts when the tenant surrenders possession and provides a forwarding address in writing — you have 30 days from that point to return the deposit or an itemized deduction list. Get the forwarding address on the move-out form.

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If you're planning to re-lease after non-renewal, list the property on HomeFinder at /list-your-home to reach San Antonio renters directly, or browse /agents to hire a leasing agent who handles turnover, marketing photos, and screening end-to-end. More landlord guides live at /resources.