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Month-to-Month Rental Agreement Template

A month-to-month rental agreement, or “tenancy-at-will”, allows a landlord and tenant to enter into a binding short-term lease with either party being able to terminate with approximately thirty (30) days’ notice. The notice period must meet the minimum State law requirement and can also be longer if written in the agreement. To cancel, a lease termination letter must be sent to the other party.

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What is a Month-to-Month Lease?

A month-to-month lease is a type of tenancy that continues into perpetuity unless amended or terminated by either the landlord or tenant. To terminate, notice must be sent to the other party in accordance with the agreement or the State Required Time Period, whichever is longer. A month-to-month tenant has the same rights as a tenant renting in a Standard Residential Lease.

Notice Forms

Increase Rent Notice – For a landlord to give notice to a month-to-month tenant that their rent will increase.

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Termination Letter – For either the landlord or tenant to give the notice to terminate the lease.

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How does a Month-to-Month Lease Work (5 steps)

A month-to-month lease continues without interruption and is canceled by the landlord or tenant. Both parties must adhere to the Required Notice Periods.

Step 1 – Find a Tenant

The first step may be the most difficult since tenancy-at-will arrangements are hard to come by. This short-term lease gives owners the freedom to remove the tenant at any time and allows the tenant to rent seasonally.

Best Websites for Month-to-Month Properties

Step 2 – Negotiate the Rent

The tenant will usually negotiate the rent from the asking price. It’s recommended for the landlord verify the tenant through a rental application. Some landlords are more willing to negotiate the rent if the tenant has stellar credit.

Step 3 – Tenant Signs an Agreement

Once the tenant has been approved by the landlord it is time to sign an agreement. The tenant will be required to pay the first (1st) month’s rent and a security deposit (if any) at the time of signing. A month-to-month agreement should list the minimum termination required by either party for terminating (most commonly 30 days’ notice).

Step 4 – Terminating the Lease

A month-to-month lease will continue until it is terminated. When the landlord or tenant decides to terminate they should complete a lease termination letter with the required minimum time period. It is highly recommended to send the letter by Certified Mail with a return receipt. A certified letter requires the signature of the recipient and acknowledges they have received the notice.

Step 5 – Moving Out

No matter who canceled the lease, the tenant will be required to move out within the given timeframe. After the tenant has vacated the property the landlord will check the property for any damages except wear and tear. The landlord will be required to send the security deposit to the tenant’s forwarding address.

Termination Requirements

Below is a table of the laws in all 50-States regarding the minimum notice periods required when terminating a month-to-month lease.

StateMinimum Termination PeriodStatutes
Alabama30 days§ 35-9A-441
Alaska30 days§ 34.03.290(b)
Arizona30 days§ 33-1375(B)
Arkansas30 days§ 18-17-704
California30 daysCC 1946
Colorado91 days for tenancies over a year; 28 days for tenancies over six months; 21 days for tenancies of one month; 3 days for a tenancy of one week; and 1 day for tenancies less than a weekC.R.S. § 13-40-107
Connecticut3 days§ 47a-23
Delaware60 daysTitle 25 § 5106
Florida15 days§ 83.57
Georgia60-day notice from landlord; or 30-notice from tenant§ 44-7-7
Hawaii45-day notice from landlord; or 28-day notice from tenant§ 521-71
IdahoOne (1) month§ 55-208
Illinois30 days735 ILCS 5/9-207
IndianaOne (1) month§ 32-31-1-1
Iowa30 days§ 562A.34
Kansas30 days; except no more than 15 days if the tenant is necessitated by U.S. military orders§ 58-2570
Kentucky30 days§ 383.695
Louisiana10 daysCivil Code 2728
Maine30 daysTitle 14 § 6002
Maryland60-day notice from landlord; or 30-notice from tenant§ 8-402
Massachusetts30 daysMA Gen L ch 186 § 12
Michigan30 days§ 554.134
Minnesota30 days§ 504B.135
Mississippi30 days§ 89-8-19
Missouri30 days§ 441.060
Montana30 days§ 70-24-441(2)
Nebraska30 days§ 76-1437(2)
Nevada30 days§ 40.251(1)(b)(1)(II)
New Hampshire30 days§ 540:3(II)
New Jersey30 days§ 2A:18-56(b)
New Mexico30 days§ 47-8-37(B)
New York30 days§ 232-b
North Carolina7 days§ 42-14
North Dakota30 days§ 47-16-07.2
Ohio30 days§ 5321.17
Oklahoma30 days§ 41-111
Oregon30 days§ 91.070
Pennsylvania15 days for tenancies one year or less; 30 days for tenancies of more than one year§ 250.501
Rhode Island30 days§ 34-18-37
South Carolina30 days§ 27-40-770
South Dakota30-day notice from the landlord; 15 days from the tenant§ 43-32-13
Tennessee30 days§ 66-28-512
Texas30 days§ 91.001
Utah15 days§ 78B-6-802
Vermont60-day notice for tenancies 2 years and under; 90-day notice for tenancies of more than 2 years§ 4467
Virginia30 days§ 55.1-1253(A)
Washington20 days§ 59.18.200
Washington D.C.30 days§ 42–3505.54(a)
West Virginia30 days§ 37-6-5
Wisconsin28 days§ 704.19
WyomingNone; 30 days recommendedNo Statute

Sample: Month-to-Month Lease

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