General information, not legal advice. This template is a starting point. Laws differ by state and city, so have a licensed attorney review your final document before you use it.
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The short version
- A month-to-month agreement renews automatically each rental period until someone gives written notice.
- Notice periods to end the tenancy or change the rent are set by state law, and some cities require longer notice or a valid reason.
- The flexibility cuts both ways: the tenant can leave on short notice, so turnover can come sooner.
- Everything else, from deposit limits to entry notice, follows the same rules as a fixed-term lease.
What a month-to-month agreement is
A month-to-month rental agreement creates a periodic tenancy: the tenant rents for one month at a time, and the agreement renews itself each month until the landlord or the tenant gives written notice to end it. There is no end date. Apart from that, it works like any other lease, with rent, a deposit, house rules and repair duties.
When it makes sense
A periodic tenancy fits when flexibility matters more than certainty:
- A tenant needs a short stay, such as between home purchases or during a work assignment.
- You plan to sell, renovate or move into the home soon and do not want to be locked into a long term.
- A fixed lease has ended and both sides want to keep going without signing a new 12 month term.
- You are renting a room in your own home and want an easy way to part ways if it does not work out.
If you want the unit filled for a set period, or you want the rent fixed for a year, a fixed-term residential lease is the better fit.
What to include
- The parties, the property and the start date.
- The day each rental period begins, so notice dates are easy to calculate.
- The notice period to end the tenancy, written as “at least X days or any longer period the law requires”.
- How rent and other terms can change, and how much notice you will give.
- Rent, due date, payment methods, grace period and late fee.
- The security deposit and how it is returned.
- Utilities, guests, pets, smoking, repairs and entry, just as in a fixed lease.
- Required disclosures and signatures from every adult tenant.
State rules to check
- Notice to end the tenancy. The minimum notice can vary with the length of the tenancy, and a notice usually has to line up with the end of a rental period.
- Just cause rules. Some states and cities require a valid reason to end even a month-to-month tenancy, and may require relocation payments.
- Rent increase notice. Many states set a minimum notice period for increases, and a few require more notice for larger increases.
- Rent control. Some cities cap annual increases for covered units.
- Deposit, late fee and entry rules, the same as for any residential tenancy.
Common mistakes
- Serving notice on the wrong day. If the notice period must end on the last day of a rental period, a notice served a day late can push the move-out a full month.
- Using notice to retaliate. Ending a tenancy right after a tenant complains about repairs or contacts an inspector can be treated as retaliation, which most states prohibit.
- Raising rent without written notice. An increase that is not properly noticed may not be enforceable.
- Treating the tenancy as informal. A periodic tenant still needs a written agreement, a deposit receipt where required, and the same disclosures as any other tenant.
Using this agreement in TenantLoop
Set up the lease in TenantLoop with no end date, keep your agreement as one of your lease templates, and send it for e-signature through Dropbox Sign. The signed copy stays on the lease record, rent charges post to the tenant ledger each month, and tenants pay from their portal.
What is in the template
A periodic rental agreement that renews each month until either side gives written notice, with rent, deposit, rules, entry and notice terms and slots for state notice periods.
- Parties
- Property
- Monthly term
- Ending the tenancy
- Rent
- Changes to rent or terms
- Security deposit
- Utilities
- Use, guests and pets
- Care, repairs and alterations
- Entry
- Subletting
- Default
- Moving out
- Disclosures
- General terms
- Signatures
Read the whole month-to-month rental agreement template
Get the file
Free, no sign up. Fill it in by hand or edit the Word file.
General template, not legal advice. Have an attorney in your state review before use.
Filling it in, and what to watch for.
How much notice is needed to end a month-to-month tenancy?
It depends on the state, and sometimes on how long the tenant has lived there. Many states use 30 days, some require more for longer tenancies, and some cities add rules. Check the rule where the home is located before you serve notice.
Can I raise the rent on a month-to-month tenant?
Usually yes, with proper written notice, unless rent control or a local ordinance limits the increase. Some states require longer notice for larger increases.
Does a month-to-month tenant have fewer rights?
No. A month-to-month tenant has the same rights to a safe home, privacy and deposit protections as a tenant on a fixed lease. The main difference is how the tenancy ends.
What if a fixed lease ends and the tenant keeps paying?
In many states, accepting rent after a lease ends creates a month-to-month tenancy on the same terms. Our residential lease template says this in its term section.