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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 rentals typically are short-term arrangements. For general information about longer, fixed-term leases (i.e., a term of one year or more), click here.
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.
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:
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 |
What’s the Difference Between a Lease and a Rental Agreement? A rental agreement secures a tenancy for a short period of time, typically a month. Landlords can increase rent, change the terms, or terminate the agreement on short notice. A lease secures a tenancy for a longer period of time, typically a year. During that time, the landlord is not allowed to raise the rent, change the terms or terminate the lease on short notice. Read more » How Much Can a Landlord Collect for a Security Deposit? All states allow landlords to collect a security deposit when a tenant(s) move in. Some states limit the amount a landlord can charge, require the landlord to put security deposits into a separate account or require the landlord to pay their tenants the interest on deposits. Read more » What Can a Landlord Deduct From a Security Deposit? Landlords can use the security deposit to cover unpaid rent and make necessary repairs or cleaning that are not a result of normal wear-and-tear. Security deposits should not go towards treating normal wear and tear during an occupancy. Read more » Do I Need a Written Rental Agreement? Rental agreements should always be written, even if a state does not require them to be. While oral contracts may seem informal, they often lead to disputes. If a tenant and landlord later disagree about an important arrangement the end result is likely to be a court argument over who said what. Read more »
