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Month-to-Month Rental Agreement
1. Parties
This Residential Lease Agreement (the "Lease") is between ("Landlord") and ("Tenant"). If more than one person signs as Tenant, each of them is fully responsible for all of Tenant's obligations under this Lease.
2. Property
Landlord rents to Tenant the residence at (the "Property"), including (parking, storage, appliances or furniture included, if any).
3. Term
This Lease begins on and continues from month to month. Either party may end it by giving the other written notice at least days before the end of a rental period, or any longer notice the law where the Property is located requires.
4. Rent
Tenant will pay rent of per month, in advance, on or before the day of each month, by .
If this Lease starts on a day other than the rent due day, rent for the first partial month is , calculated by dividing the monthly rent by the number of days in that month and multiplying by the number of days Tenant has the Property.
5. Late charges and returned payments
If rent is not received in full within days after it is due, Tenant will pay a late charge of . Tenant will pay for any payment returned unpaid by the bank. No late charge or fee will be more than the law where the Property is located allows.
6. Security deposit
Tenant will pay a security deposit of before moving in. Landlord will hold, apply and return the deposit as required by the law where the Property is located. After Tenant moves out, Landlord will return the deposit, less any lawful deductions with a written itemized list, within the time that law requires. Tenant may not use the deposit as the last month's rent without Landlord's written consent.
7. Occupants and use
Only Tenant and these people may live at the Property: . Tenant will use the Property only as a private residence, follow all laws, and not disturb neighbors.
8. Utilities
Tenant will pay for these utilities and services: . Landlord will pay for all other utilities and services, if any, that serve the Property.
9. Pets
Pets allowed (describe, or write "none"): Pet deposit, if any: . This does not limit assistance animals that Landlord must allow under fair housing law.
10. Smoking
Smoking rules:
11. Maintenance and repairs
Tenant will keep the Property clean and safe, use appliances and fixtures properly, and promptly report any needed repairs to Landlord in writing. Landlord will make repairs the law requires. Tenant will pay for damage caused by Tenant, other occupants or guests, beyond normal wear and tear.
12. Alterations and locks
Tenant will not paint, make alterations, or add or change locks without Landlord's written consent.
13. Landlord entry
Landlord may enter the Property at reasonable times to inspect, make repairs or show it, after giving Tenant at least hours' notice, or any longer notice the law requires. Landlord may enter without notice in an emergency.
14. Subletting and assignment
Tenant will not sublet the Property or assign this Lease without Landlord's written consent.
15. Moving out
When this Lease ends, Tenant will leave the Property clean and in the same condition as at move-in except for normal wear and tear, return all keys, and give Landlord a forwarding address in writing.
16. Disclosures
Was the Property built before 1978? If yes, the federal lead-based paint disclosure, signed by both parties, is attached, and Tenant received the EPA pamphlet Protect Your Family From Lead in Your Home.
Other disclosures or addenda attached:
17. Notices
Notices to Landlord go to: . Notices to Tenant go to the Property address, or to any other address Tenant gives Landlord in writing.
18. Governing law and entire agreement
This Lease is governed by the law of , where the Property is located. If any part of this Lease is invalid or conflicts with that law, that part is limited to what the law allows and the rest of the Lease stays in effect. This Lease, with any attached addenda, is the entire agreement. Any change must be in writing and signed by Landlord and Tenant.
19. Additional terms
Signatures
Notice to end a month-to-month tenancy, by state
| State | Landlord's notice | Statute |
|---|---|---|
| Arizona | 30 days | A.R.S. § 33-1375(B) |
| California | 30 days / 60 days | Cal. Civ. Code § 1946.1(b)-(c) |
| Florida | 30 days | Fla. Stat. § 83.57(3) |
| Illinois | 30 days | 735 ILCS 5/9-207(b) |
| Michigan | 1 month | MCL 554.134(1) |
| New Jersey | Not allowed for most rentals | N.J.S.A. 2A:18-61.1; 2A:18-56(b) |
| New York | 30 days / 60 days / 90 days | N.Y. RPL § 226-c(2) |
| North Carolina | 7 days | N.C. Gen. Stat. § 42-14 |
| Ohio | 30 days | Ohio Rev. Code § 5321.17(B) |
| Pennsylvania | 15 days | 68 P.S. § 250.501(b) |
| Texas | 1 month | Tex. Prop. Code § 91.001 |
| Virginia | 30 days | Va. Code § 55.1-1253 |
| Washington | Not allowed for most rentals | RCW 59.18.650(1) |
From each state's official statute text, read October 29, 2026. California and New York lengthen the notice once a tenant has stayed a year. Washington and New Jersey require a reason for most rentals, and so do California units covered by the Tenant Protection Act after 12 months and New York City and other Good Cause Eviction localities. Enter at least your state's period in the form. Ending one? Use the notice to vacate template.
Month to month or a fixed term?
| Month to month | Fixed term | |
|---|---|---|
| Ending it | Either side gives the notice the state requires | Usually only at the end of the term, unless both agree |
| Changing rent or rules | With proper written notice | Locked in until the term ends |
| Predictability | Lower for both sides | Higher for both sides |
| Good fit | Short stays, a home you may sell, a tenant you are trying out | Long-term rentals where both want stability |
What this agreement covers
The form builds a full residential agreement with a month-to-month term: parties, property, rent and due date, late charges, deposit, occupants, utilities, pets, smoking, repairs, entry, subletting, move-out, the federal lead disclosure for pre-1978 homes, and signatures. It is the same agreement as our lease agreement template, set to month to month.
Ending the tenancy? Use the lease termination letter. Allowing a pet? Add the pet addendum.
State lease templates with the local rules built in: Massachusetts (tenancy at will notice under c. 186, § 12), Colorado and Virginia.
More state lease templates with local rules built in: New York, North Carolina, Georgia, Arizona, Illinois, New Jersey, Washington and Maryland.
Frequently asked questions
How much notice does a landlord need to end a month-to-month lease?
It depends on the state: 30 days in Arizona, Florida, Illinois, Ohio and Virginia, 15 days in Pennsylvania, 7 days in North Carolina, one month in Michigan and Texas. California and New York require more once the tenant has stayed a year, and Washington and New Jersey require cause for most rentals. California units under the Tenant Protection Act need a just cause after 12 months, and New York's Good Cause law applies in New York City and opt-in localities.
Does a month-to-month lease need to be in writing?
A written agreement records the rent, rules and notice terms both sides agreed to, which avoids disputes. Use the form above to create one.
Can a fixed-term lease turn into month to month?
Yes, often. This template's fixed-term version says that if the tenant stays after the end date with the landlord's written consent, the tenancy continues month to month on the same terms, unless state law provides otherwise.