A month-to-month rental agreement serves as a legal framework, establishing a formal relationship between a property owner and a tenant for residential purposes. This type of lease, also known as a tenancy at will, operates without a predetermined end date. In this guide, we will delve into the intricacies of month-to-month leases, exploring their benefits, legal considerations, and both landlords' and tenants' perspectives.

Table of Contents

• What is a Month-to-Month Rental Agreement?
• Required Termination Periods by State
• How a Month-to-Month Lease Agreement Works?
• Month-to-Month Lease: Pros and Cons
• Advantages for Landlords
• Disadvantages for Landlords
• Advantages for Tenants
• Disadvantages for Tenants
• How to Write a Month-to-Month Rental Agreement?
• Frequently Asked Questions
• How does a month-to-month lease differ from a fixed-term lease?
• What key elements should be included in a month-to-month rental agreement?
• How can landlords protect themselves in a month-to-month lease?
• Month-to-Month Rental Agreement Sample

What is a Month-to-Month Rental Agreement?

A month-to-month rental agreement operates on a tenancy at will basis, allowing either party to terminate the agreement with a 30-day notice. Unlike fixed-term leases, these agreements automatically renew unless a termination notice is provided. Key elements of this agreement include:

• Premises: Clearly defining the location of the rented property.
• Landlord and Tenant Details: Identifying the property owner (lessor) and tenant (lessee).
• Monthly Rent: Specifying the amount payable by the tenant each month.
• Eviction Notice: Stipulating the notice period for eviction due to non-payment or lease violations.

It's essential to note that the provided Month-to-Month Rental Agreement template is applicable to all states except California, Florida, and Washington, DC. Specific templates and legal guidelines for these states can be found on their respective Lease Agreement pages.

Required Termination Periods by State

For most states, a party must provide 30 days’ notice to end a month-to-month lease. For agreements without written termination rules, 30 days’ notice is standard.

Sometimes, you must give more than 30 days’ notice to a month-to-month tenant. Some states and cities require as few as seven days and as many as 90 days.

For example, some states require landlords to provide 60 days’ notice to tenants who have lived in the rental property for more than one year. In addition, states like California require landlords to give tenants 90 days’ notice if the rent will increase by more than 10%.

State	Notice Requirement	Law
Alabama	30 days	Alabama Code § 35-9A-441
Alaska	30 days	Alaska Stat. § 34.03.290
Arizona	30 days	Arizona Rev. Stat. § 33-1375
Arkansas	30 days	Arkansas Code § 18-17-704
California	30 days	California Civil Code § 1946
Colorado	21 days (tenancies 1 month to less than 6 months)	Colorado Rev. Stat. § 13-40-107
Connecticut	3 days	Connecticut Gen. Stat. § 47a-23
Delaware	60 days	25 Delaware Code § 5106
District of Columbia	30-120 days (depends on reason for termination) by landlord 30 days by tenant	District of Columbia Code § 42-3505.01
Florida	15 days	Florida Stat. § 83.57
Georgia	60 days by landlord 30 days by tenant	Georgia Code § 44-7-7
Hawaii	45 days 28 days by tenant	Hawaii Rev. Stat. § 521-71
Idaho	1 month	Idaho Stat. § 55-208
Illinois	30 days	735 Illinois Comp. Stat. § 5/9-207
Indiana	1 month	Indiana Code § 32-31-1-1
Iowa	30 days	Iowa Code § 562A.34
Kansas	30 days	Kansas Stat. § 58-2570
Kentucky	30 days	Kentucky Rev. Stat. § 383.695
Louisiana	10 days	Louisiana Civil Code Art. 2728
Maine	30 days	14 Maine Rev. Stat. § 6002
Maryland	60 days by landlord 30 days by tenant	Maryland Real Prop. Code § 8-402
Massachusetts	Longer of 30 days or the interval between days of payment	Massachusetts Gen. Law ch. 186 § 12
Michigan	1 month	Michigan Comp. Laws § 554.134
Minnesota	Lesser of 3 months or the interval between rental period	Minnesota Stat. § 504B.135
Mississippi	30 days	Mississippi Code § 89-8-19
Missouri	1 month	Missouri Rev. Stat. § 441.060
Montana	30 days	Montana Code § 70-24-441
Nebraska	30 days	Nebraska Rev. Stat. § 76-1437
Nevada	30 days	Nevada Rev. Stat. § 40.251
New Hampshire	30 days	New Hampshire Rev. Stat. § 540:3
New Jersey	1 month	New Jersey Rev. Stat. § 2A:18-56
New Mexico	30 days	New Mexico Stat. § 47-8-37
New York	30-90 days depending on length of occupancy by landlord (less than 1 year is 30 days, 1-2 years is 60 days, more than 2 days is 90 days) 1 month by tenant	New York Real Prop. Laws §§ 226-C, 232-B
North Carolina	7 days	North Carolina Gen. Stat. § 42-14
North Dakota	1 month	North Dakota Century Code § 47-16-15
Ohio	30 days	Ohio Rev. Code § 5321.17
Oklahoma	30 days	41 Oklahoma Stat. § 41-111
Oregon	30 days	Oregon Rev. Stat. § 90.427
Pennsylvania	15 days	68 Pa. Stat. § 250.501
Rhode Island	30 days	Rhode Island Gen. Laws § 34-18-37
South Carolina	30 days	South Carolina Code § 27-40-770
South Dakota	1 month	South Dakota Codified Laws § 43-8-8
Tennessee	30 days	Tennessee Code § 66-28-512
Texas	1 month1	Texas Property Code § 91.001
Utah	15 days	Utah Code § 78B-6-802
Vermont	30 days	9 Vermont Stat. § 4467
Virginia	30 days	Virginia Code § 55.1-1253
Washington	20 days	Washington Rev. Code § 59.18.200
West Virginia	1 month	West Virginia Code § 37-6-5
Wisconsin	28 days	Wisconsin Stat. § 704.19
Wyoming	None	No statute

How a Month-to-Month Lease Agreement Works?

• The agreement is indefinite until either the landlord or tenant decides to terminate.
• Commencement date and termination notice periods are crucial aspects.
• Termination notice is typically 30 days, completing the next full monthly term.
• The lease may be implied through consistent monthly rent payments even without a written contract.
• Legal advice is recommended for understanding location-specific laws on notice periods.

Month-to-Month Lease: Pros and Cons

Advantages for Landlords:

• Flexibility: Adjusting lease terms and rent within legal boundaries.
• Termination without Cause: The ability to end the lease with proper notice.
• Better Tenant Pool: Attracting quality tenants uninterested in long-term commitments.

Disadvantages for Landlords:

• Risk of Tenant Loss: Increased potential for quick tenant turnover.
• No Termination Penalties: Lack of penalties for early termination.
• High Turnover Costs: Expenses related to advertising and cleaning upon tenant departure.

Advantages for Tenants:

• Flexibility: Enjoying the benefits of at-will tenancy.
• Easier Termination: Terminating the agreement with proper notice.
• No Early Termination Penalties: Moving out without penalties with adequate notice.

Disadvantages for Tenants:

• Little Preparation Time: Potential abrupt termination by the landlord.
• Rent Increases: Facing frequent rent adjustments.
• Changing Tenancy Terms: Dealing with unpredictable monthly changes.

How to Write a Month-to-Month Rental Agreement?

Crafting a comprehensive month-to-month rental agreement is crucial for establishing clear expectations and protecting the rights of both landlords and tenants. Follow these steps to create a well-structured and legally sound document:

A month-to-month rental agreement provides a unique balance of flexibility and risk for both landlords and tenants. Understanding the legal aspects, advantages, and disadvantages is crucial for making informed decisions in the dynamic realm of short-term leasing. Always seek legal counsel to navigate specific jurisdictional nuances and ensure a smooth leasing experience.

Frequently Asked Questions

How does a month-to-month lease differ from a fixed-term lease?

A fixed-term lease has a specified end date, often a year, while a month-to-month lease continues indefinitely until either the landlord or tenant provides notice to terminate.

What key elements should be included in a month-to-month rental agreement?

Essential elements include property details, landlord and tenant information, monthly rent, eviction notice provisions, and termination conditions. Specific terms may vary based on local regulations.

How can landlords protect themselves in a month-to-month lease?

Landlords can protect themselves by clearly defining terms in the agreement, including termination conditions, rent adjustments, and rules and regulations. Legal consultation is also advisable.

Month-to-Month Rental Agreement Sample