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Month-to-Month Rental Agreement

Month-to-Month Rental Agreement Template

Utilize our Month-to-Month Rental Agreement to lease your property.

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?

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:

1. Title and Identification

  • Clearly label the document as a "Month-to-Month Rental Agreement".
  • Provide the legal names and addresses of both the landlord (lessor) and tenant (lessee).

2. Property Details

  • Specify the exact location and description of the rented property, including any specific details about the unit or premises.

3. Terms and Conditions

  • Clearly outline the start date of the lease and state that it is a month-to-month arrangement with an indefinite term.
  • Define the monthly rent amount and the due date for payments.
  • Include information about late fees and the grace period for late payments.

4. Utilities and Responsibilities

  • Clearly state which utilities are included in the rent and which are the responsibility of the tenant.
  • Outline any maintenance responsibilities for both the landlord and the tenant.

5. Termination and Notice Period

  • Clearly specify the notice period required for termination by either party (typically 30 days).
  • Detail the process for delivering termination notices, including acceptable methods such as written notices or emails.

6. Renewal and Rent Adjustments

  • Specify whether the lease will automatically renew at the end of each monthly term.
  • Address the procedures for adjusting rent, if applicable, and the notice period required for rent increases.

7. Security Deposit

  • Clearly state the amount of the security deposit and the conditions under which it will be returned.
  • Detail any deductions that may be made from the security deposit for damages beyond normal wear and tear.

8. Rules and Regulations

  • Include any specific rules and regulations for the property, such as restrictions on smoking, pet policies, or noise regulations.

9. Insurance

  • Specify whether the tenant is required to obtain renter's insurance and provide details if applicable.

10. Signatures and Witnesses

  • Include a space for both the landlord and the tenant to sign and date the agreement.
  • Optionally, consider including a section for witnesses to sign, although it may not be a legal requirement in all jurisdictions.

11. Legal Review

  • It's advisable to have the agreement reviewed by a legal professional to ensure compliance with local laws and regulations.

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

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