A California month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a California Month-to-Month Rental Agreement
In California, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under California landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in California
California landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Shared Utilities Arrangement Disclosure – California landlords must disclose how they divide utility costs up, on properties which share a utility meter with other units. This ensures tenants understand what uses contribute to their bill, and creates an agreement between landlord and tenant on how to pay for the shared utility.
- Sex Offender Registry Notice – Every California rental agreement must notify tenants about the “Megan’s Law” sex offender registry.
- Military Ordnance Disclosure – California requires a disclosure as part of a rental agreement when a property falls within one mile of military training grounds or ordnance storage.
- Death in a Rental Unit Disclosure – California landlords must disclose any deaths on the rental property other than those related to HIV or AIDS (which are confidential by law).
- Mold Disclosure – Landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property.
- Pest Control Disclosure – In California, landlords must provide a disclosure for properties which receive regular pesticide treatments. Notice must include a copy of the pest control company’s expected terms of contract.
- Bed Bug Addendum – California rental agreements must include an addendum about the prevention and treatment of bed bugs.
- Flood Zone Disclosure – California landlords must caution tenants when they have knowledge that a rental property sits in a flood zone.
- Smoking Policy Disclosure – California landlords must inform tenants about restrictions on tobacco smoking. This disclosure may be included in the lease or attached as an addendum.
- Demolition Permit Disclosure – California landlords must disclose any intentions to demolish a rental unit or building, and any applications for a demolition permit.
- Methamphetamine and Fentanyl Contamination Disclosure – Landlords must disclose any knowledge relating to methamphetamine or fentanyl manufacturing, storage, or use on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in California
California lets a landlord end a month-to-month lease with at least 60 days of advance notice. Tenants may terminate with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
California requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a California Month-to-Month Lease
California requires written notice for a rental increase. By default, this is 90 days in advance. For increases that total less than 10% across the past 12 months, it’s 30 days in advance.
Eviction in California Month-to-Month Rentals
California tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in California typically take five to eight weeks.
For more information on the eviction process in California, click here.
Sources
- 1 Cal. Civ. Code § 1946.1(a) & (b)
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(a) Notwithstanding Section 1946 , a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945 , at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. Source Link - 2 Cal. Civ. Code § 827(b)
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(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(3) (A) If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply.
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