Can the Landlord Change the Lease Terms Without Notice?

Full question:

Can a landlord amend an existing lease agreement without the consent of the tenant. In my case I have an exist lease agreement that has been passed down since 1954 without change. The landlord is trying to change the existing agreement and remove all right of the tenant. What can be done?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Texas

Answer:

The answer will depend on the nature of the change and the terms and length of the lease. For example, if the lease was from year to year, it may be expired unless it contained an automatic renewal clause. A tenant living under an expired lease is generally considered a month-to-month tenant at will and the lease terms may be changed at the end of the month. If a yearly lease is still in effect due to renewal, it may be changed at the end of the year before it is renewed. The lease terms will govern the amount of notice, if any, required. I suggest reading the terms of the lease carefully for your rights and obligations in regard to change in terms, as well as those of the landlord.

Please see the following TX statutes;

§ 92.013 PROP. Notice of Rule or Policy Change Affecting Tenant's
Personal Property

(a) A landlord shall give prior written notice to a tenant regarding a
landlord rule or policy change that is not included in the lease
agreement and that will affect any personal property owned by the tenant
that is located outside the tenant's dwelling. A landlord shall provide
to the tenant in a multiunit complex, as that term is defined by
Section 92.151, a copy of any applicable vehicle towing or parking rules or
policies of the landlord and any changes to those rules or policies as
provided by Section 92.0131.

(b) The notice must be given in person or by mail to the affected
tenant. Notice in person may be by personal delivery to the tenant or any
person residing at the tenant's dwelling who is 16 years of age or older
or by personal delivery to the tenant's dwelling and affixing the notice
to the inside of the main entry door. Notice by mail may be by regular
mail, by registered mail, or by certified mail, return receipt
requested. If the dwelling has no mailbox and has a keyless bolting
device, alarm system, or dangerous animal that prevents the landlord from
entering the premises to leave the notice on the inside of the main entry
door, the landlord may securely affix the notice on the outside of the
main entry door.

(c) A landlord who fails to give notice as required by this section is
liable to the tenant for any expense incurred by the tenant as a result
of the landlord's failure to give the notice.

§ 92.0131 PROP. Notice Regarding Vehicle Towing or Parking Rules or
Policies

(a) This section applies only to a tenant in a multiunit complex, as
that term is defined by Section 92.151.

(b) If at the time a lease agreement is executed a landlord has vehicle
towing or parking rules or policies that apply to the tenant, the
landlord shall provide to the tenant a copy of the rules or policies
before the lease agreement is executed. The copy of the rules or policies
must be:

(1) signed by the tenant;

(2) included in a lease agreement signed by the tenant; or

(3) included in an attachment to the lease agreement that is signed by
the tenant, but only if the attachment is expressly referred to in the
lease agreement.

(c) If the rules or policies are contained in the lease agreement or an
attachment to the lease agreement, the title to the paragraph containing
the rules or policies must read "Parking" or "Parking Rules" and be
capitalized, underlined, or printed in bold print.

(c-1) As a precondition for allowing a tenant to park in a specific
parking space or a common parking area that the landlord has made
available for tenant use, the landlord may require a tenant to provide
only the make, model, color, year, license number, and state of
registration of the vehicle to be parked.

(d) If a landlord changes the vehicle towing or parking rules or
policies during the term of the lease agreement, the landlord shall
provide written notice of the change to the tenant before the tenant is
required to comply with the rule or policy change. The landlord has the
burden of proving that the tenant received a copy of the rule or policy
change. The landlord may satisfy that burden of proof by providing
evidence that the landlord:

(1) delivered the notice by certified mail, return receipt requested,
addressed to the tenant at the tenant's dwelling; or

(2) made a notation in the landlord's files of the time, place, and
method of providing the notice and the name of the person who delivered
the notice by:

(A) hand delivery to the tenant or any occupant of the tenant's
dwelling over the age of 16 years at the tenant's dwelling;

(B) facsimile to a facsimile number the tenant provided to the landlord
for the purpose of receiving notices; or

(C) taping the notice to the inside of the main entry door of the
tenant's dwelling.

(e) If a rule or policy change is made during the term of the lease
agreement, the change:

(1) must:

(A) apply to all of the landlord's tenants in the same multiunit
complex and be based on necessity, safety or security of tenants,
reasonable requirements for construction on the premises, or respect for
other tenants' parking rights; or

(B) be adopted based on the tenant's written consent; and

(2) may not be effective before the 14th day after the date notice of
the change is delivered to the tenant, unless the change is the result of
a construction or utility emergency.

(f) A landlord who violates Subsection (b), (c), (d), or (e) is liable
for a civil penalty in the amount of $100 plus any towing or storage
costs that the tenant incurs as a result of the towing of the tenant's
vehicle. The nonprevailing party in a suit under this section is liable
to the prevailing party for reasonable attorney's fees and court costs.

(g) A landlord is liable for any damage to a tenant's vehicle resulting
from the negligence of a towing service that contracts with the landlord
or the landlord's agent to remove vehicles that are parked in violation
of the landlord's rules and policies if the towing company that caused
the damage does not carry insurance that covers the damage.

§ 91.001 PROP. Notice for Terminating Certain Tenancies

(a) A monthly tenancy or a tenancy from month to month may be
terminated by the tenant or the landlord giving notice of termination to
the other.

(b) If a notice of termination is given under Subsection (a) and if the
rent-paying period is at least one month, the tenancy terminates on
whichever of the following days is the later:

(1) the day given in the notice for termination; or

(2) one month after the day on which the notice is given.

(c) If a notice of termination is given under Subsection (a) and if the
rent-paying period is less than a month, the tenancy terminates on
whichever of the following days is the later:

(1) the day given in the notice for termination; or

(2) the day following the expiration of the period beginning on the day
on which notice is given and extending for a number of days equal to the
number of days in the rent-paying period.

(d) If a tenancy terminates on a day that does not correspond to the
beginning or end of a rent-paying period, the tenant is liable for rent
only up to the date of termination.

(e) Subsections (a), (b), (c), and (d) do not apply if:

(1) a landlord and a tenant have agreed in an instrument signed by both
parties on a different period of notice to terminate the tenancy or that
no notice is required; or

(2) there is a breach of contract recognized by law.