A California month-to-month rental agreement is a legal contract that allows for the rental of residential property on a month-to-month basis, offering both parties flexibility and adaptability.
Both parties are expected to adhere to the state’s tenant-landlord laws and regulations, including those governing habitability, eviction procedures, and fair housing.
Legal Requirements for Month-to-Month Leases
- Minimum Termination Period: In California, termination notice for a month-to-month lease requires at least 30 days (or 60 days if the tenant has lived there for over a year). Landlords must use certified or registered mail, while tenants can deliver in person, mail to the last known residence, or post a copy on the property. [1]
- Rent Increase: The landlord cannot increase rent by more than 10% total or 5% plus the percentage change in the cost of living, whichever is lower, within a 12-month period. [2]
Required Disclosures
- Disclosure of information on lead-based paint
- Bed bug disclosure
- Disclosure of flood hazard area
- Carbon monoxide and smoke detector addendum
- Disclosure of mold
- Pool and hot tub notice
- Asbestos disclosure
- Shared utilities disclosure
- Notice of illegal substance contamination
- Disclosure of death in rental property
- Ordnance location disclosure
- Notice of intent to demolish
- Notice of foreclosure
- Pest control notice
- Megan’s Law notice
- Move-in/move-out inspection checklist
- Pet addendum
- Smoking policy disclosure
- Just cause and rent limit addendum
- Satellite dish and antenna addendum
Read more about these disclosures on our California lease agreement page.
California Month-to-Month Eviction
Landlords must provide a written notice to evict a tenant on a month-to-month rental. Tenants renting for less than a year must receive a 30-day notice, while those renting for a year or more require a 60-day notice.
The California Eviction Process details the steps for evicting a tenant.
