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Home Real Estate Lease Agreement Month-To-Month

Month-to-Month Rental Agreement Template

Use our Month-to-Month RENTAL Agreement to rent out your property.

Updated July 25, 2023 | Legally reviewed by Susan Chai, Esq.

A month-to-month rental agreement is a legal document that outlines a formal relationship between an actual property owner and another party to rent residential property monthly.

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
  • How to Write a Month-to-Month Rental Agreement
  • Month-to-Month Rental Agreement Sample

What is a Month-to-Month Rental Agreement?

A month-to-month rental (lease) agreement is a tenancy at will with an undetermined end date. For most month-to-month leases, the tenants and landlords must give at least a 30-day notice to terminate if they do not intend to continue the tenancy.

The Month-to-month lease continues each month until the landlord or tenant provides a lease termination notice, unlike standard lease agreements that are usually for a set period, like one year.

Unlike long-term fixed agreements, the month-to-month ones will automatically renew at the end of the rent payment period unless you or the tenant end the tenancy.

A month-to-month rental agreement affords landlords and tenants many benefits, but there are processes and laws (and pros and cons) you should know before entering this type of short-term rental contract.

A month-to-month rental agreement will include all of the following:

  • Premises: the location of the apartment, house, or room for rent
  • Landlord: (also called the lessor) the owner or manager of the Premises
  • Tenant: (also called the lessee) the person(s) agreeing to rent the Premises
  • Monthly Rent: the amount the tenant owes the landlord each month
  • Eviction Notice: the length of time in which the Landlord must provide advance notice to the Tenant before terminating the contract for non-payment of rent by the due date or violation of another lease term

Note: The free Month-to-Month Rental Agreement template we offer on this page will work for all states except California, Florida (this state has specific guidelines for periodic tenancies), and Washington, DC.

Visit the Florida, Washington DC, and California Lease Agreement pages for free templates that can be used for month-to-month rentals in those locations and review the applicable laws in those specific areas.

If you aren’t sure about leasing your rental property long-term, a month-to-month rental contract is a great choice. It allows you to earn rental income while giving you legal protection.

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

There are also situations where landlords may provide less than 30 days’ notice to end a month-to-month rental agreement if the tenant is at fault and the landlord wants to start the eviction process. Some of these scenarios include:

  • The tenant fails to pay rent or is in arrears
  • A tenant causes significant damage to the property
  • The tenant is in breach of the lease

Many month-to-month lease agreements include rules regarding when to deliver a notice (often the first of the month when the rent is due). A few states allow tenants to provide notification and move out in the middle of consecutive months.

In these scenarios, the tenant pays prorated rent for the month of the move. 

How a Month-to-Month Lease Agreement Works

A month-to-month lease allows the tenant and landlord to continue the tenancy as long as both parties agree to the rental arrangement.

Month-to-month tenancy works as follows:

  • The landlord and tenant agree to a month-to-month lease for an undefined period until either party wishes to terminate.
  • The tenancy begins on the date indicated in the agreement. 
  • When providing proper termination notice, the tenant and landlord must adhere to contract terms and state and local statutes. The legal time frame for terminating a month-to-month lease varies widely depending on the location.
  • The termination notice period is typically at least thirty (30) days. This means a notice to terminate a month-to-month tenancy will end upon completing the next full monthly term. 
  • A month-to-month lease can be established based on a written agreement with no specific duration. 
  • A month-to-month lease is also implied if the landlord accepts monthly rent payments without a written contract. 
  • A month-to-month lease may apply if a long-term lease ends and the tenant continues to pay rent to the landlord monthly. 

Some cities and states have stringent laws regarding providing the required notice under a month-to-month lease.

If you are unsure which time limits apply to your situation, contacting a real estate attorney is best.

Month-to-Month Lease: Pros and Cons

Month-to-month leases offer advantages and disadvantages for landlords and tenants. 

In addition to learning the pros and cons, landlords and tenants should understand their rights regarding month-to-month leases.

Advantages for Landlords

  • More flexibility. They can adjust the lease terms or increase the rent if these modifications are consistent with state and local laws.
  • Termination without cause. Since month-to-month tenancy is often considered at will, the landlord can terminate the lease without cause as long as they provide the proper legal notice.
  • Better tenant pool. Landlords benefit from month-to-month leases because they can retain high-quality tenants who do not want a long-term lease agreement.

Disadvantages for Landlords

  • Risk of losing tenants. When they sign a month-to-month lease agreement, landlords risk losing tenants more quickly.
  • No penalty for lease termination. While a long-term lease agreement may include penalties for early termination, month-to-month leases do not.
  • High tenant turnover. This can cost the landlord significantly if they cannot find someone to rent the space quickly.
  • More fees. A landlord may have to pay advertising and cleaning fees every time a tenant moves out, which can add up over time. 

Advantages for Tenants

  • Flexibility. Tenants on a month-to-month lease also benefit from the flexibility of at-will tenancy. If they pay rent on time, the lease continuously renews without a specific end date.
  • Easier termination. They can terminate the agreement with proper notice at any time. 
  • No early termination penalties with notice. A tenant does not have to pay an early-termination penalty if they decide to move out and provide proper notice. 

Disadvantages for Tenants

  • Little time to prepare to move. Since the landlord can decide to terminate the lease at any time without cause, the tenant may have to move with little warning.
  • Rent increases. A tenant on a month-to-month may also face frequent rent increases.
  • Tenency term chances. Month-to-month leases often come with changing tenancy terms each month, which can be unpredictable and challenging.

How to Write a Month-to-Month Rental Agreement

Follow the steps below to write a month-to-month rental agreement.

Step 1 – Fill in Landlord and Tenant Information

1. Landlord. Provide the landlord’s full name or company name, depending on whether the landlord is an individual or an entity.

2. Tenant. Write the tenant’s full name or company name, depending on whether the tenant is an individual or an entity. If there is more than one tenant, enter the name of each additional tenant.

month to month lease landlord tenant

Step 2 – Enter Premises Details

3. Premises. Describe the rental. Specify the type of residential property being rented, such as an apartment or a house. You can write one in if none of the options provided describe the property type.

Fill in the number of bedrooms, bathrooms, and parking spaces (if parking is included with the property). Provide the property’s street (physical) address, including the apartment/unit number (if applicable), city, state, and zip code.

month to month lease premises

4. Storage. Specify whether the rental property includes any storage space. If yes, describe the storage space.

month to month lease storage

5. Furnishings. State whether the rental property will include any furnishings or not. If yes, provide a list of the furnishings included with the rental.

month to month lease furnishings

6. Additional Description. If any additional information would help describe the property, include it here.

month to month lease additional description

Step 3 – Write Term Date

7. Term. Provide the start date of the lease.

month to month lease term

Step 4 – Fill in Rent Information

8. Rent. Specify the dollar amount of the monthly rent payment, the day it is due (e.g., the 5th day of the month), and the payment method.

month to month lease rent

9. Proration. State whether or not the rent for any length of less than one month will be prorated.

month to month lease proration

10. Bounced Check. Write the amount the landlord will charge for any bounced checks.

month to month lease bounced check

Step 5 – Check Guaranty Option

11. Guaranty. Specify whether or not a guarantor is required for the tenant under this lease. If yes, provide the guarantor’s full name and address.

month to month lease guaranty

Step 6 – Note Late Fee Option

12. Late Fee. State whether or not a late fee will be charged if the rent is not paid on time. If yes, specify the day of the month the rent will be considered delinquent and the number of days for any grace period.

If a late fee is assessed, select whether the late fee will be a set dollar amount (including the amount) or a percentage amount.

month to month lease late fee

Step 7 – Check Utilities

13. Utilities. Note if the landlord will be responsible for any utilities and indicate which. (Typically, the tenant is responsible for all utilities.)

month to month lease utilities

Step 8 – Write Security Deposit Details

14. Security Deposit. Provide the dollar amount of the security deposit to be paid by the tenant to the landlord.

Enter the number of days after the end of this agreement that the landlord will return the security deposit (less any amounts under this section) to the tenant.

Specify whether the security deposit will be held in an interest-bearing account.

*Note that most states have laws regarding security deposits, the amount, where they’re saved, how they can be used, and when they must be returned to the tenant.

month to month lease security deposit

Step 9 – Fill in Use of Premises Information

15. Use. The tenant and the tenant’s immediate family will use the property for residential purposes. In addition, the tenant is responsible for any damage caused to the property by their guests. Write any additional guest or visitor policy.

month to month lease use of premises

Step 10 – Write Conditions of the Premises

16. Condition. The tenant agrees to the current condition of the appliances, fixtures, and furnishings (if applicable) other than any exceptions to be added here.

month to month lease condition of premises

Step 11 – Note Maintenance and Repairs Policies

17. Maintenance and Repairs. The tenant agrees to maintain the property and not remove any appliances, fixtures, and furnishings (if applicable). If the property has an outside area or grounds, the tenant also agrees to maintain those.

month to month lease maintenance

Step 12 – Check Rules and Regulations Option

18. Rules and Regulations. Specify whether or not there are separate rules and regulations for the rental property. If there are, a sample “Exhibit A – Rules and Regulations” is included at the end of this agreement for your reference.

month to month lease rules

Step 13 – Choose the Military Clause Option

19. Military Clause. State whether or not the tenant may terminate the lease agreement early for activity duty in the U.S. armed forces.

month to month lease military clause

Step 14 – Check the Smoking Option

20. Smoking. Note whether smoking is permitted or prohibited on the property.

month to month lease smoking

Step 15 – Choose Pet Option

21. Pets. Provide whether or not tenants are allowed to keep pets on the property. If yes, specify the type of pet(s) and the amount of any pet deposit.

month to month lease pets

Step 16 – Check Inspection Checklist Option

22. Inspection Checklist. Specify whether or not the tenant must complete an Inspection Checklist at the time of move-in.

If yes, a sample “Exhibit B – Rental Inspection Checklist” is included at the end of this agreement.

month to month lease inspection checklist

Step 17 – Note Renter’s Insurance Option

23. Renter’s Insurance. State whether the tenant is required to obtain a renter’s insurance policy.

If yes, the policy must have at least $100,000 of personal liability coverage, and the landlord must be named as an interested party or additional insured.

month to month lease renters insurance

Step 18 – Choose the Assignment and Subletting Option

24. Assignment and Subletting. Write whether or not the tenant can assign or sublease any part of the property.

If allowed, specify whether the tenant must obtain the landlord’s written consent to assign or sublease.

Step 19 – Fill in Default Details

25. Default. In the event of default (other than failure to pay rent), the landlord may give the tenant notice and the opportunity to correct the default.

Provide the number of days the tenant has to correct the default. If the default is the tenant’s failure to pay rent, specify the number of days after receipt of the landlord’s notice that the landlord can terminate this agreement.

*Note that most states have laws regarding the amount of notice a landlord must give a tenant for failure to pay rent or other violations of lease terms.

Step 20 – Check Lead Disclosure Option

26. Lead Disclosure. If the property was built before 1978, the landlord must disclose whether or not there are known lead-based paint and/or lead-based paint hazards on the property.

A “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” is included at the end of this agreement for your reference.

month to month lease lead based paint

Step 21 – Write Notice Information

27. Notices. All notices must be in writing. Enter the address where the notices should be sent to the landlord and tenant.

month to month lease notices

Step 22 – Enter Governing Law State

28. State Law. Fill in the state’s laws that will govern the construction of this agreement.

month to month lease governing law

Step 23 – Choose Disputes Option

29. Disputes. If there is a dispute, specify whether the dispute will be resolved through court litigation, binding arbitration, mediation, or mediation then arbitration.

month to month lease disputes

Step 24 – Note Miscellaneous Details

30. Miscellaneous. Provide for any other provisions not already included in this agreement.

month to month lease miscellaneous

Month-to-Month Rental Agreement Sample

Below you can see what a month-to-month rental lease agreement typically looks like:

sample image of a month to month lease agreement

DOWNLOAD PDF
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Related Landlords Documents

  • Lease Amendment: A written document that details changes or modifications to the terms of a previously executed Lease or Rental Agreement.
  • Pet Addendum to a Lease Agreement: By signing a written Pet Addendum, the Landlord gives permission for the Tenant to have a pet in their home.
  • Lease Termination Letter: A document created by the landlord or tenant in order to end an existing lease or rental agreement.

Create Your Month-to-Month Rental Agreement in Minutes!

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month to month rental agreement template

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