Month-to-Month Lease Agreement (Tenancy at Will)

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
• Washington
• Washington D.C.
• West Virginia
• Wisconsin
• Wyoming

Month-to-Month Lease vs Standard Lease

	Month-to-Month	Standard Lease
Auto-Renewal?	Yes, the lease auto-renews each month, but neither party is liable to the other beyond each month.	No, at the end of the fixed period, commonly 12 months, the lease is terminated by default.
Right to Terminate?	Yes, it can be terminated at any time. Commonly with 30-days’ notice (see State laws).	No, the lease is binding until the end date. The landlord cannot cancel, and the tenant cannot leave early.
Increasing Rent?	Yes, the landlord can increase the rent or change the terms of the agreement with notice (see State laws).	No, a landlord cannot increase the rent until after the end date.
Security Deposit Accepted?	Yes, the landlord may require a security deposit.
Eviction Laws?	Yes, the landlord is bound to the State’s unlawful detainer laws.
Tenant to be given State Disclosures?	Yes, the landlord must give the tenant required State and local (if any) disclosures.

Frequently Asked Questions

Are month-to-month leases more expensive?

Yes, landlords generally charge month-to-month tenants 20-40% more rent than standard tenancies.[1]

Are month-to-month leases commonly furnished?

 

Is a month-to-month lease legal in every State?

Can rent increase on a month-to-month lease?

How to evict a tenant in a month-to-month lease?

Can a tenant sublet on a month-to-month lease?