Updated April 18, 2024
A month-to-month rental agreement is a lease with no end date and is terminated when either the tenant or landlord provides notice (commonly 30 days). The tenancy automatically renews for an additional month upon the tenant’s rent payment.
Also referred to as a “tenancy at will,” both parties are entitled to the same landlord-tenant protections as a standard lease.
Table of Contents |
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- WA – Seattle
- WA – Outside Seattle
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
By Type (3)
Download: PDF, MS Word, OpenDocument (10 pages)
Download: PDF, MS Word, OpenDocument (11 pages)
Download: PDF, MS Word, OpenDocument (1 page)
How a Month-to-Month Lease Works (5 steps)
- Get the Tenant’s Details
- Begin Negotiations
- Writing the Month-to-Month Lease
- Executing the Lease
- Sending Notices
1. Get the Tenant’s Details
The tenant should complete a rental application and pay a non-refundable fee so the landlord can run a consumer report (e.g., credit check, eviction report, etc.).
Use either company to generate a consumer report:
- Limited Background Check ($21) – RentPrep.com
- Detailed Background Check ($39.99) – MySmartMove.com
2. Begin Negotiations
The negotiated items commonly include:
- Monthly rent ($)
- Security deposit (see maximum limits)
- Utilities/Services
- Rent pre-payment
- Fees (e.g., pets, parking, etc.)
3. Writing the Month-to-Month Lease
Once a verbal agreement is made, the landlord can write a formal agreement.
Depending on the State and when the residence was built, it may be required to provide the tenant with certain disclosures.
Month-to-Month Lease Agreement
Common Disclosures
- Lead-Based Paint Disclosure – Required if the property was constructed before 1978.
- Protect Your Family From Lead in Your Home – Required if the property was constructed before 1978.
- Move-in Checklist – Required in some States if a security deposit is collected.
5. Sending Notices
A certified letter with a return receipt is recommended when sending any type of notice. This proves the notice was delivered by providing proof from the courier who delivered the letter.
Notice Types (2)
Rent Increase Notice – Used by the landlord to increase the tenant’s rent.
Lease Termination Notice – Used by either the landlord or tenant to terminate a month-to-month lease.
Sample
Download: PDF, MS Word, OpenDocument
MONTH-TO-MONTH LEASE
I. THE PARTIES. This Month-to-Month Lease (“Agreement”) made this [DATE], is between:
Landlord: [LANDLORD’S NAME] with a mailing address of [LANDLORD’S ADDRESS] (“Landlord”), and
Tenant(s): [TENANT’S NAME] with a mailing address of [TENANT’S ADDRESS] (“Tenant”).
II. PREMISES. The Landlord agrees to rent the following property to the Tenant in exchange for the Payment Terms in Section IV:
a.) Property Address: [PROPERTY ADDRESS]
b.) Residence Type: ☐ Apartment ☐ House ☐ Condo ☐ Other: [OTHER]
c.) Bedroom(s): [#] Bathroom(s): [#]
III. TENANCY-AT-WILL. The Tenant shall be allowed to occupy the Premises on a month-to-month arrangement starting on [START DATE], and ending upon notice of [#] days or the minimum statutory limit required under state law, whichever is greater, from either the Landlord or Tenant (“Lease Term”).
IV. PAYMENT TERMS. During the Lease Term, the Tenant shall be responsible for the following: (check all that apply)
☐ – Monthly Rent. $[AMOUNT] due on the [#] of each month.
☐ – Security Deposit. $[AMOUNT] due at signing of this Agreement.
☐ – Last Month’s Rent. $[AMOUNT] due at signing of this Agreement.
☐ – Other. [OTHER]
V. SERVICES & UTILITIES. The Tenant shall be responsible for all services and utilities related to the Premises except for: [SERVICES & UTILITIES].
VI. ADDITIONAL TERMS. [ADDITIONAL TERMS & CONDITIONS]
Landlord’s Signature: __________________________ Date: ____________
Print Name: __________________________
Tenant’s Signature: __________________________ Date: ____________
Print Name: __________________________