• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Real Estate Documents Lease/Rental Agreement Month-To-Month

Free Month-to-Month Rental/Lease Agreement

Use our Month-to-Month Lease Agreement to rent out your property.
Select your property type to get started.

Updated January 10, 2023 | Legally reviewed by Susan Chai, Esq.

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

Table of Contents
  • What is a Month-to-Month Lease Agreement?
  • Notice Requirement for Termination of Month-to-Month Tenancies
  • How Month-to-Month Lease Agreements Work
  • Month-to-Month Lease: Strengths and Weaknesses
  • How to Write a Month-to-Month Rental Lease Agreement
  • Month-to-Month Rental Lease Agreement Sample

What is a Month-to-Month Lease Agreement?

A month-to-month lease continues each month until either the landlord or tenant providesnotice to terminate the lease.

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

In most states, landlords and tenants can also form a month-to-month tenancy arrangement when:

  • You and the tenant make a verbal agreement
  • You and the tenant create a written contract
  • You and the tenant continue to pay and accept rent after the expiration of a long-term lease

A month-to-month tenancy is a flexible arrangement that ends at any time and for any reason by either party as long as there is a proper notice of termination. Keep in mind that there are rules the parties must follow for breaking a lease early. 

Month-to-month leases operate on a per-month basis unlike a long-term residential lease agreement, which typically lasts one year in length.

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 into 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: the owner or manager of the Premises
  • Tenant: 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 Lease 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, D.C.

Visit the California lease agreement, Florida lease agreement, and Washington, D.C. 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.

Notice Requirement for Termination of Month-to-Month Tenancies

For most states, a party must provide 30 days’ notice to end a month-to-month lease. For agreements with no written termination rules, 30 days notice is the 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%.

StateNotice RequirementLaw
Alabama30 daysAlabama Code § 35-9A-441
Alaska30 daysAlaska Stat. § 34.03.290
Arizona30 daysArizona Rev. Stat. § 33-1375
Arkansas30 daysArkansas Code § 18-17-704
California30 daysCalifornia Civil Code § 1946
Colorado 21 days (tenancies 1 month to less than 6 months)Colorado Rev. Stat. § 13-40-107
Connecticut3 daysConnecticut Gen. Stat. § 47a-23
Delaware60 days25 Delaware Code § 5106
District of Columbia30-120 days (depends on reason for termination) by landlord

30 days by tenant
District of Columbia Code § 42-3505.01
Florida15 daysFlorida Stat. § 83.57
Georgia60 days by landlord
30 days by tenant
Georgia Code § 44-7-7
Hawaii45 days
28 days by tenant
Hawaii Rev. Stat. § 521-71
Idaho1 monthIdaho Stat. § 55-208
Illinois30 days735 Illinois Comp. Stat. § 5/9-207
Indiana1 monthIndiana Code § 32-31-1-1
Iowa30 daysIowa Code § 562A.34
Kansas30 daysKansas Stat. § 58-2570
Kentucky30 daysKentucky Rev. Stat. § 383.695
Louisiana10 daysLouisiana Civil Code Art. 2728
Maine30 days14 Maine Rev. Stat. § 6002
Maryland60 days by landlord
30 days by tenant
Maryland Real Prop. Code § 8-402
MassachusettsLonger of 30 days or the interval between days of paymentMassachusetts Gen. Law ch. 186 § 12
Michigan1 monthMichigan Comp. Laws § 554.134
MinnesotaLesser of 3 months or the interval between rental periodMinnesota Stat. § 504B.135
Mississippi30 daysMississippi Code § 89-8-19
Missouri1 monthMissouri Rev. Stat. § 441.060
Montana30 daysMontana Code § 70-24-441
Nebraska30 daysNebraska Rev. Stat. § 76-1437
Nevada30 daysNevada Rev. Stat. § 40.251
New Hampshire30 daysNew Hampshire Rev. Stat. § 540:3
New Jersey1 monthNew Jersey Rev. Stat. § 2A:18-56
New Mexico30 daysNew Mexico Stat. § 47-8-37
New York30-90 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 Carolina7 daysNorth Carolina Gen. Stat. § 42-14
North Dakota1 monthNorth Dakota Century Code § 47-16-15
Ohio30 daysOhio Rev. Code § 5321.17
Oklahoma30 days41 Oklahoma Stat. § 41-111
Oregon30 daysOregon Rev. Stat. § 90.427
Pennsylvania15 days68 Pa. Stat. § 250.501
Rhode Island30 daysRhode Island Gen. Laws § 34-18-37
South Carolina30 daysSouth Carolina Code § 27-40-770
South Dakota1 monthSouth Dakota Codified Laws § 43-8-8
Tennessee30 daysTennessee Code § 66-28-512
Texas1 month1Texas Property Code § 91.001
Utah15 daysUtah Code § 78B-6-802
Vermont30 days9 Vermont Stat. § 4467
Virginia30 daysVirginia Code § 55.1-1253
Washington20 daysWashington Rev. Code § 59.18.200
West Virginia1 monthWest Virginia Code § 37-6-5
Wisconsin28 daysWisconsin Stat. § 704.19
WyomingNoneNo 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 leases include rules regarding when notice is to be delivered (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 Month-to-Month Lease Agreements Work

Some states require the notice to be in hard copy form and either hand-delivered or mailed to the other party. You can refer to your state and local law as well as the lease agreement to determine if notifications sent by other forms, such as email or text messages are valid. 

While you can usually terminate a month-to-month lease for any reason (or no reason), there are situations where landlords need reasonable cause to end the agreement.

For example, California law requires landlords to demonstrate “just cause” to terminate month-to-month tenancies when the tenant has occupied the premises for at least one year. Examples of “just cause” include the tenant:

  • Refusing to pay rent
  • Subletting (if not permitted in the lease)
  • Committing illegal/criminal acts on the property

“Just cause” can also include reasons beyond the tenant’s fault. For example, you may want to end a month-to-month rental agreement to:

  • Occupy the unit yourself
  • Complete substantial renovations/remodeling
  • Remove the property from the rental market

When you want to change the terms of a month-to-month lease (other than changes to rent), you generally must provide 30 days’ notice. Rent increases typically require between 30 and 90 days notice, depending on the state.

Month-to-Month Lease: Strengths and Weaknesses

There are advantages and disadvantages to a standard fixed-term lease (typically six months to one year) and a month-to-month lease – which one is right for you?

Month-to-Month Rental Agreements for Landlords

A month-to-month rental agreement may seem attractive for landlords looking for more flexibility. After all, you may wish to enter a “trial period” before deciding if a tenant is a good fit (can they pay rent and uphold lease terms?) and locking into a longer-term lease.

However, be aware that if you wish to end the lease, the notice period you must give your tenant to move out in your lease termination letter varies by state.

Most states require 30 days advance notice to the tenant and you’ll likely have to undergo the same eviction process as a fixed-term lease if the tenant fails to pay rent on time or violates another term in the lease agreement.

Simple rental agreements like a month-to-month agreement also allow landlords the freedom to choose whether or not to stay in the property management business altogether.

Because you are not bound to a long-term lease, it is easier to cut your losses in a shorter timeframe if it no longer makes financial sense to continue renting.

TIP

A month-to-month rental agreement lets you easily adapt to a changing rental market.

For month-to-month leases, most states require you to give tenants a notice of rent increase at least one month before the increase.

For long-term leases, you must wait until the lease period is over and provide your tenants with one to two months advance notice.

This means landlords can remain profitable faster than with a fixed term as rental situations shift in your area (more money means more possibilities for investing in your real estate business).

So, let’s recap the three main reasons why a month-to-month rental agreement may be the right choice for you:

  • It lets you test out and find the perfect tenant
  • It gives you the freedom to walk away
  • It offers you financial flexibility and the benefit of quicker rent increases

Remember that many lease agreements have a Holdover Clause, which states the lease will continue as a month-to-month contract after the lease expiration date.

If this is in writing and a part of your signed original lease, you do not need a separate month-to-month rental agreement.ed to sign a separate month-to-month lease.

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

Follow the steps below to write a month-to-month rental lease 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., 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 late 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 if so, indicate which utilities. (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 property is to be used for residential purposes by the tenant and the tenant’s immediate family. 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 Condition of 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, then 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 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 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 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 Lease Agreement Sample

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

Month-to-Month Rental/Lease Agreement

sample image of a month to month lease agreement

DOWNLOAD PDF
DOWNLOAD MS WORD

Related Landlords Documents

  • Lease Amendment Form: A Lease Amendment is 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.
  • Early Lease Termination Letter: A document that a tenant sends to a landlord to formally request to end a Lease Agreement early.
  • Lease Termination Letter: A lease termination letter is a document created by the landlord or tenant in order to end an existing lease or rental agreement.
sample image of a month to month lease agreement Preview PDF

Free Month-to-Month Rental Agreement Form

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

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
Legal Templates BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review