A month-to-month rental agreement (sometimes called a “tenancy at will” in certain states) is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Month-to-Month Rental Agreements by State
Basics of Month-to-Month Rental Agreements
A landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
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.
Pros and Cons of Month-to-Month Rental Agreements
Month-to-month rental agreements are more convenient and easy to manage than fixed-term leases, but also are less certain and reliable arrangements. They are suited to shorter-term and simpler rental situations, and may have difficulties in more extended or complex cases. These are the typical advantages and disadvantages of month-to-month leases:
Month-to-Month Leases: Landlord Advantages
- Flexibility in when to apply a rent increase
- No special legal requirements other than notice for most lease termination
- Can easily change the terms of the lease, with proper notice
Month-to-Month Leases: Tenant Advantages
- Automatic and indefinite lease renewal
- Much greater flexibility on ending the lease and moving out
Month-to-Month Leases: Landlord Disadvantages
- Risks high tenant turnover, since tenants have few restrictions on terminating the lease and moving out
- Not attractive to committed tenants who want a stable long-term rental
- Higher expenses and less income stability, in general, relative to fixed-term leases
Month-to-Month Leases: Tenant Disadvantages
- May have to find new housing on short notice if the landlord terminates from one month to the next
- Potential for frequent rent increases and/or changes to the lease terms
- Frequent credit screening in short-term rentals can have negative impact on credit score
Notice Requirements To Terminate Month-to-Month Leases
A landlord or tenant may terminate a month-to-month (or week-to-week) lease by giving the proper amount of notice, which varies by state. These are the notice requirements for termination, state by state:
| State | Notice To End Month-to-Month Lease | Notice To End Week-to-Week Lease | |
| Alabama | 30 days | 7 days | |
| Alaska | 30 days | 14 days | |
| Arizona | 30 days | 10 days | |
| Arkansas | 30 days | 7 days | |
| California | 30 days (under 1 year of residence on the property); or 60 days (over 1 year of residence on the property) |
7 days | |
| Colorado | 91 days (1 year or more of residence on the property); 28 days (6 months to 1 year of residence on the property); or 21 days (over 1 month of residence on the property, but under 6 months) |
3 days | |
| Connecticut | 3 days | 3 days | |
| Delaware | 60 days | No statute | |
| Florida | 15 days | 7 days | |
| Georgia | 60 days from landlord; or 30 days from tenant |
No statute | |
| Hawaii | 45 days from landlord; or 28 days from tenant |
10 days | |
| Idaho | 1 month | No statute | |
| Illinois | 30 days | 7 days | |
| Indiana | 1 month | No statute | |
| Iowa | 30 days | 10 days | |
| Kansas | 30 days | 7 days | |
| Kentucky | 30 days | 7 days | |
| Louisiana | 10 days | 5 days | |
| Maine | 30 days | 30 days | |
| Maryland | 30 days | 30 days | |
| Massachusetts | 30 days | 30 days | |
| Michigan | 1 month | 7 days | |
| Minnesota | 30 days | 14 days | |
| Mississippi | 30 days | 7 days | |
| Missouri | 30 days | No statute | |
| Montana | 30 days | 7 days | |
| Nebraska | 30 days | 7 days | |
| Nevada | 30 days | 7 days | |
| New Hampshire | 30 days | 7 days | |
| New Jersey | 1 month | No statute | |
| New Mexico | 30 days | 7 days | |
| New York | 30 days (if property is located outside of New York City) 30 days (if property is inside New York City and tenant has under 1 year of residence on the property) 60 days (if property is inside New York City and tenant has over 1 year of residence on the property but fewer than 2 years total) 90 days (if property is inside New York City and tenant has 2 years or more of residence on the property) |
30 days | |
| North Carolina | 7 days | 2 days | |
| North Dakota | 30 days | 7 days | |
| Ohio | 30 days | 7 days | |
| Oklahoma | 30 days | 7 days | |
| Oregon | 30 days | No statute | |
| Pennsylvania | 30 days (1 year or more of residence on the property); or 15 days (under 1 year of residence on the property) |
No statute | |
| Rhode Island | 30 days | 10 days | |
| South Carolina | 30 days | 7 days | |
| South Dakota | 30 days from the landlord; or 15 days from the tenant |
7 days | |
| Tennessee | 30 days | 10 days | |
| Texas | 1 month | 7 days | |
| Utah | 15 calendar days | No statute | |
| Vermont | 60 days (under 2 years of residence on the property); or 90 days (2 years or more of residence on the property) |
21 days | |
| Virginia | 30 days | 7 days | |
| Washington | 20 days | No statute | |
| Washington D.C. | 30 days | No statute | |
| West Virginia | 1 month | 7 days | |
| Wisconsin | 28 days | 5 days | |
| Wyoming | No statute | No statute |
