A month-to-month lease agreement, also known as a “rental agreement,” is a type of residential lease used to rent to tenants one (1) month at a time. In comparison to a standard yearly lease, a rental agreement is ongoing until either party decides to terminate it. In other words, the contract automatically renews at the end of each month. This keeps going until either party provides written notice to the other party of their intent to terminate.

Rental Application – Used by landlords to screen applicants that are interested in signing a lease.

Also known as a:

“Tenancy-at-will”
“Rental agreement”
“Periodic tenancy”

By State

Name: Month-to-Month Lease Agreement Templates
Brand: eSign
SKU: 7258
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By State
What is a Month-to-Month Lease?
How a Month-to-Month Lease Works
Month-to-Month vs. Fixed-Term Leases
Required Notice Periods
Sample
How to Write
Frequently Asked Questions (FAQ)

What is a Month-to-Month Lease?

A month-to-month lease is a contract that can be ended by either the landlord or tenant with written notice. The lease is very similar to a standard lease and only differs in that the term of the lease might end at any time. It is desirable to tenants due to its non-binding nature, and to landlords because they can often charge slightly higher rent.

How a Month-to-Month Lease Works

Step 1 – The Property is Prepared
Step 2 – Applicants are Screened
Step 3 – Agreement is Created & Signed
Step 4 – Tenant Moves In
Step 5 – Agreement is Terminated

Step 1 – The Property is Prepared

Similar to a fixed-term lease, the landlord will need to:

Clean the rental thoroughly.
List the dwelling online.
Furnish the unit (not required, although more common with short-term leases).

Step 2 – Applicants are Screened

When an individual shows interest in signing a lease for the property, they will contact the landlord, who will then ask them to complete a rental application. The parties will go over information relating to the applicant’s rental history, criminal background, employment information, income, and much more. This is the stage where the applicant will commonly negotiate anything they deem important into the lease. For example, if large dogs aren’t permitted, they may offer to pick up the costs of a certain utility in exchange for being able to bring their pet into the rental.

It is highly recommended that the landlord establish a set of pre-screening criteria, as long as the criteria doesn’t involve the applicant’s race, nationality, sex, religion, familial status, color, or disability. Doing so helps remove any biases and prevents the landlord from being unintentionally discriminatory during the screening process. Assuming the landlord approves of the tenant, they will move onto the next step.

Step 3 – Agreement is Created & Signed

The landlord will need to download and complete the rental agreement. They provide information on the rent amount, the security deposit, furnishings, utility payments, pets, guests, and more. Essentially, every condition that is found in a standard lease, with the exception of the lease term, is included in a month-to-month agreement.

Once the agreement is complete, the landlord and tenant will sit down and go over every section. If the tenant agrees to all the terms, they will sign the contract. Upon all signatures being recorded, the rental agreement will be official and binding. The landlord will then collect the first month’s rent, the security deposit, and any other fees as agreed upon in the lease.

Step 4 – Tenant Moves In

If the property is pre-furnished, moving in is a very quick process, as all the tenant has to do is bring in their primary possessions and valuables. If it isn’t, the tenant will need to move their possessions into the rental.

At the start of each month, the month-to-month contract will renew automatically. When either the landlord or tenant wishes to end the agreement, they will need to provide the required notice period that corresponds to the state in which they’re located (typically third (30) days).

Step 5 – Agreement is Terminated

In the event either party wishes to end the agreement, they will need to deliver written notice to the other party. The form needs to contain the following:

The names of the parties (landlord and tenant(s)).
The address of the recipient.
The date on which the notice was sent.
Information on the lease (date of signing & date of termination).
Date of last rental payment.
Signature of the party sending the notice.
Information on how the notice was delivered (record of service).

Month-to-Month vs. Fixed-Term Leases

Month-to-month rental agreements share more similarities than differences with fixed-term leases. Apart from flexibility and containing slightly differing terms, both agreements establish the basic rules and terms that a tenant is obligated to follow. The major differences that separate the agreements include the following:

Increased Flexibility/Risk

Depending on the situation, landlords will find both pros and cons with the increased flexibility offered with periodic leases. After receiving a termination notice from a tenant, a landlord would need to prepare and list the rental, screen through applicants, and sign a new tenant, all in the span of thirty (30) days (assuming the standard notice requirement). On the other hand, this can serve as a benefit if the landlord needs to remove a tenant for any reason.

Tenant Removal

In comparison to a fixed-term lease, which requires the formal eviction process to remove a tenant, landlords can terminate a lease within thirty (30) days. Because a lease eviction can take up to three (3) months, opting to simply end the lease instead of pursuing formal eviction can save a landlord significant amounts of time and money. If the tenant is actively destroying the property or committing an illegal act, the landlord should go about the eviction process immediately to minimize any loss.

Rent ($)

Monthly leases almost always have higher rent in comparison to fixed-term leases. This is mainly due to the increased cost from the landlord having to find a new tenant at a moment’s notice. In other words, landlords add a “premium” to the rent in exchange for the added flexibility offered to the tenants. Additionally, a month-to-month rental unit is sometimes furnished, which can be an additional burden on the landlord in terms of upkeep. In addition to demanding more rent, the landlord will often require a larger security deposit (within the confines of local landlord-tenant laws).

Altering Rental Terms

A major benefit of a short-term lease in comparison to a fixed-term lease is the ability to change the lease agreement’s terms. The landlord only needs to provide the same notice as would be given for termination if they desire to alter the terms of the lease agreement. This can include raising rent, forbidding smoking, permitting/restricting pets, and more. If the tenant has a problem with the change, their only option is to terminate the lease and vacate the rental.

Required Notice Periods

The following table details the number of days’ notice that must be provided to the other party in order to terminate the lease in each state.

LL = Landlord (Lessor)
TN = Tenant (Lessee)

STATE	REQUIRED NOTICE	SOURCE
Alabama	LL – 30 days TN – 30 days	§ 35-9A-441(b)
Alaska	LL – 30 days TN – 30 days	§ 34.03.290(b)
Arizona	LL – 30 days TN – 30 days	§ 33-1375(b)
Arkansas	LL – 30 days TN – 30 days	§ 18-17-704(b)
California	LL – 30 / 60 days TN – 30 days	§ 1946 & § 1946.1
Colorado	LL – 21 days TN – 21 days	§ 13-40-107(1)(c)
Connecticut	LL – 3 days TN – 3 days	§ 47a-23
Delaware	LL – 60 days TN – 60 days	§ 5106(d)
Florida	LL – 15 days TN – 15 days	§ 83.57(3)
Georgia	LL – 60 days TN – 30 days	§ 47-7-7
Hawaii	LL – 45 days TN – 28 days	§ 521-71(a & b)
Idaho	LL – 1 month TN – 1 month	§ 55-208
Illinois	LL – 30 days TN – 30 days	735 ILCS 5/9-207
Indiana	LL – 1 month TN – N/A	IC 32-31-1-1(a)
Iowa	LL – 30 days TN – 30 days	§ 562A.34(2)
Kansas	LL – 30 days TN – 30 days	§ 58-2570(c)
Kentucky	LL – 30 days TN – 30 days	§ 383.695(2)
Louisiana	LL – 10 days TN – 10 days	CC 2728(2)
Maine	LL – 30 days TN – 30 days	§ 6002
Maryland	LL – 60 days TN – 30 days	§ 8-402(c)(2)(1) and (c)(3)(i)
Massachusetts	LL – 30 days TN – 30 days	Ch. 186 §12
Michigan	LL – 1 month TN – 1 month	§ 534.134(1)
Minnesota	LL – 3 months TN – 3 months	§ 504B.135(a)
Mississippi	LL – 30 days TN – 30 days	§ 89-8-19(3)
Missouri	LL – 1 month TN – 1 month	§ 441.060
Montana	LL – 30 days TN – 30 days	§ 70-24-441
Nebraska	LL – 30 days TN – 30 days	§ 76-1437(2)
Nevada	LL – 30 days TN – 30 days	§ 40.251
New Hampshire	LL – 30 days TN – 30 days	§ 540:3(II)
New Jersey	LL – 1 month TN – 1 month	NJ 2A:18-56(b)
New Mexico	LL – 30 days TN – 30 days	§ 47-8-37(B)
New York	LL – 1 month TN – 1 month	§ 232-A & § 232-B
North Carolina	LL – 7 days TN – 7 days	§ 42-14
North Dakota	LL – 1 month TN – 1 month	§ 47-16-15(2)
Ohio	LL – 30 days TN – 30 days	§ 5321.17(B)
Oklahoma	LL – 30 days TN – 30 days	§ 41-111
Oregon	LL – 30 days TN – 30 days	ORS 91.070
Pennsylvania	LL – 30/15 days TN – 30/15 days	§ 250.501(b)
Rhode Island	LL – 30 days TN – 30 days	§ 34-18-37(b)
South Carolina	LL – 30 days TN – 30 days	§ 27-40-770(b)
South Dakota	LL – 30 days TN – 15 days	§ 43-32-13
Tennessee	LL – 30 days TN – 30 days	§ 66-28-512(b)
Texas	LL – 1 month TN – 1 month	§ 91.001(b)(2)
Utah	LL – 15 days TN – N/A	§ 78B-6-802(b)(i)
Vermont	LL – 30/60 days TN – 30/60 days	§ 4467(e)
Virginia	LL – 30 days TN – 30 days	§ 55.1-1253(A)
Washington	LL – 20 days TN – 20 days	59.18.200(1)(a)
West Virginia	LL – 1 month TN – 1 month	§ 37-6-5
Wisconsin	LL – 28 days TN – 28 days	§ 704.19(3)
Wyoming	LL – N/A TN – N/A	No statute.

Sample

Download: PDF, Word (.docx), OpenDocument

MONTH-TO-MONTH LEASE AGREEMENT

1. THE PARTIES. This Month-to-Month Lease Agreement (the “Agreement”) made on [MM/DD/YYYY] is between:

Landlord Name: [LANDLORD NAME] (the “Landlord”)
Landlord Address: [LANDLORD ADDRESS], AND

Tenant Name(s): [TENANT NAME(S)] (the “Tenant”)

The Landlord and Tenant are collectively referred to in this Agreement as the “Parties”.

HEREINAFTER, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions:

2. PROPERTY. Landlord hereby leases the property located at:
[PROPERTY ADDRESS] to the Tenant (the “Premises”).

3. LEASE TERM. This lease shall be considered a month-to-month lease. The Tenant shall be permitted to occupy the Premises on a month-to-month basis starting on [MM/DD/YYYY] and ending upon written notice of [#] days from either party, in accordance with State law (the “Lease Term”).

4. RENT. The rent to be paid by the Tenant to the Landlord throughout the Lease Term is to be made in monthly installments of $[AMOUNT] (the “Rent”). The Rent shall be due on the [#] day of each month (the “Due Date”). The Rent shall be paid via the following instructions: [RENT PAYMENT INSTRUCTIONS].

5. LATE FEE. If Rent is not paid by the Due Date: (check one)

☐ – The Tenant will be charged a fee of $[AMOUNT]. Rent is considered late if it has not been paid within [#] day(s) after the Due Date.
☐ – There shall be NO Late Fee if the Rent is late.

6. SECURITY DEPOSIT. As part of this Agreement: (check one)

☐ – The Landlord requires a payment of $[AMOUNT] (the “Security Deposit”) for the faithful performance of the Tenant under the terms and conditions of this Agreement. The Security Deposit is required by the Tenant upon the execution of this Agreement. The Security Deposit shall be returned to the Tenant within [#] days after the end of the Lease Term, less any itemized deductions. This Security Deposit shall not be credited towards any Rent unless the Landlord gives their written consent.

☐ – The Landlord does NOT require the Tenant to pay a Security Deposit as part of this Agreement.

7. RETURNED CHECKS (NON-SUFFICIENT FUNDS). If the Tenant pays the Rent with a check that bounces due to insufficient funds: (check one)

☐ – The Tenant will be required to pay a fee of $[AMOUNT] per incident.
☐ – The Tenant will NOT be required to pay a fee.

8. OCCUPANTS. The Premises is to be occupied strictly as a residential dwelling with the following individual(s) in addition to the Tenant: (check one)

☐ – [OCCUPANT NAME(S)] (the “Occupant(s)”).
☐ – There are NO Occupant(s) in addition to the Tenant.

9. FURNISHINGS. The Premises is: (check one)

☐ – Furnished (or will be furnished) with the following items:
[IF FURNISHED, LIST ALL ITEM(S) HERE].
☐ – NOT furnished.

10. UTILITIES. The Landlord shall pay for the following utilities and services to the Tenant, with any absent utilities being the responsibility of the Tenant:
[LIST ALL LANDLORD-PAID UTILITIES].

11. PARKING. The Tenant (check one):

☐ – Is allotted [#] parking space(s):
☐ – Free of charge (included in the Rent)
☐ – At a cost of $[COST] to be paid (☐ Upon execution of this Agreement | ☐ Monthly)
☐ – Is NOT provided parking.

12. PETS. The Tenant is: (check one)

☐ – Permitted to have [#] pet(s) on the Premises, ONLY consisting of (list pet types):
[LIST ALL PERMITTED PET TYPE(S)].
If permitted, the Landlord shall charge a refundable pet deposit of $[AMOUNT] to cover potential damage to the Premises caused by the Tenant’s pet(s).
☐ – NOT permitted to have pets of any nature on the Premises.

13. SMOKING POLICY. Smoking on the Premises is: (check one)

☐ – Permitted ONLY in the following area(s): [PERMITTED AREA(S)].
☐ – Prohibited on the Premises and all Common Areas.

14. NOTICES. Any notice sent by the Landlord or the Tenant to each other shall use the following addresses:

Landlord Mailing Address: [LANDLORD NOTICE MAILING ADDRESS]
Tenant Mailing Address: [TENANT NOTICE MAILING ADDRESS]

15. INSPECTION OF PREMISES. The Landlord and Landlord’s agents shall have the right at all reasonable times during the Lease Term and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon by providing twenty-four (24) hours’ notice to the Tenant. And for the purposes of making any repairs, additions, or alterations as may be deemed appropriate by the Landlord for the preservation of the Premises or the building. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises.

16. ATTORNEYS’ FEES. Should it become necessary for the Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, the Tenant agrees to pay all expenses so incurred, including a reasonable attorneys’ fee.

17. WAIVER. No delay or failure of the Landlord to enforce any part of this Agreement shall be deemed as a waiver thereof, nor shall any acceptance of any partial payment of Rent or any other amount due be deemed a waiver of the Landlord’s right to the entire amount due.

18. MAINTENANCE, REPAIR, & ALTERATIONS. The Tenant will, at the Tenant’s sole expense, keep and maintain the Premises in a good, clean, and sanitary condition and state of repair during the Lease Term and any renewal thereof. The Tenant shall be responsible to make all repairs to the Premises, fixtures, appliances, and equipment therein that may have been damaged by the Tenant’s misuse, waste, or neglect, or that of the Tenant’s family, agents, or visitors. The Tenant agrees that no painting or alterations will be performed on or about the Premises without the prior written consent of the Landlord. The Tenant shall promptly notify the Landlord of any damage, defect, or destruction of the Premises or in the event of the failure of any of the appliances or equipment. The Landlord will use its best efforts to repair or replace any such damaged or defective areas, appliances, or equipment.

19. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

20. DEFAULT. If the Tenant fails to comply with any of the financial or material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by the Landlord, or materially fails to comply with any duties imposed on the Tenant by State laws, within the time period after delivery of written notice by the Landlord specifying the non-compliance and indicating the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant fails to pay the Rent by the Due Date and the default continues for the time period specified in the written notice thereafter, the Landlord may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement.
The Tenant will be in default if:
a. The Tenant does not pay the Rent or any other amounts as they are owed;
b. The Tenant, their guests, or the Occupant(s) violate this Agreement, or fire, safety, health, and/or criminal laws, regardless of whether arrest or conviction occurs;
c. The Tenant abandons the Premises;
d. The Tenant gives incorrect or false information in the rental application;
e. The Tenant, or any Occupant(s), are arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under State statute;
f. Any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant, guests, or Occupant(s) while on the Premises and/or;
g. As otherwise allowed by law.

21. ABANDONMENT. Abandonment shall have occurred if, without notifying the Landlord, the Tenant is absent from the Premises for the State-mandated minimum time period, or seven (7) days, whichever length of time is less. In the event of Abandonment, the Landlord will have the right to immediately terminate the Agreement and remove the Tenant’s personal possessions.

22. CONDITION OF PREMISES. The Tenant has examined the condition of the Premises and by taking possession acknowledges that they have accepted the Premises in good order and in its current condition except as herein otherwise stated.

23. POSSESSION & SURRENDER. The Tenant shall be entitled to possession of the Premises on the 1st day of the Lease Term. Upon termination of the Agreement, the Tenant shall peaceably surrender the Premises to the Landlord in good condition, as it was at the commencement of the Agreement, excluding reasonable wear and tear.

24. INSURANCE. The Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Premises and property located on the Premises. The Tenant understands that the Landlord will not provide any insurance coverage for the Tenant’s property. The Landlord will not be responsible for any loss of the Tenant’s property, whether by theft, fire, riots, strikes, acts of God, or otherwise. The Landlord encourages the Tenant to obtain renter’s insurance or other similar coverage to protect against the risk of loss.

25. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Agreement or sublet any portion of the Premises without the prior written consent of the Landlord, which shall not be unreasonably withheld.

26. JOINT AND SEVERAL. If the Tenant is comprised of more than one person, each person shall be jointly and severally liable under this Agreement.

27. HAZARDOUS MATERIALS. The Tenant agrees to not possess any type of personal property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises, other than for everyday cooking or needed for the operation of an appliance, include but are not limited to, gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.

28. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant including, but not limited to, restricting access to the Premises, decreasing or canceling services or utilities, failing to repair appliances or fixtures, or any other type of activity that could be considered unjustified.

29. INDEMNIFICATION. The Landlord shall not be liable for any damage or injury to the Tenant, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenant agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord’s negligence.

30. GOVERNING LAW. This Agreement shall be governed by the laws of the state of
[STATE NAME].

31. LEAD-BASED PAINT. The Premises (check one):

☐ – Was built prior to 1978. An attachment titled “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” has been affixed to the Agreement and must be initialed and signed by the Parties.
☐ – Was NOT built prior to 1978.

32. ADDITIONAL PROVISIONS.

[TYPE ANY ADDITIONAL TERMS / CONDITIONS / PROVISIONS HERE (OPTIONAL)]

33. ENTIRE AGREEMENT. This Agreement contains all of the terms agreed to by the Parties and may be modified or amended only by written agreement signed by the Landlord and Tenant. This Agreement replaces all previous discussions, understandings, and oral agreements. The Parties agree to the terms and conditions and shall be bound until the end of the Lease Term.

IN WITNESS THEREOF, the Parties have caused this Agreement to be executed on the day and year first above written.

Landlord’s Signature: _______________________ Date: [MM/DD/YYYY]

Printed Name: [LANDLORD PRINTED NAME]

Tenant’s Signature: _________________________ Date: [MM/DD/YYYY]

Printed Name: [TENANT PRINTED NAME]

Tenant’s Signature: _________________________ Date: [MM/DD/YYYY]

Printed Name: [TENANT PRINTED NAME]

How to Write

Download: PDF, Word (.docx), OpenDocument

Step 1 – The Parties

The parties of the agreement are the person(s) renting the unit or home (the tenant) and the person renting out the property (the landlord). In this section, the landlord will need to enter the date they are completing the form, the name of the landlord (themselves), their address, and the names of the tenants.

Step 2 – Property Info

Write the full address of the rental. The unit number (if any) should be included as well.

Step 3 – Lease Term (Length)

This section is what makes the month-to-month lease unique (in comparison to other lease types). The landlord only needs to enter the official start date of the lease (typically the first of the month) and the number of days either party must provide the other in order to officially terminate the agreement. While optional, the landlord can write the state-specific statutes regarding notices in replacement of the “State Statutes” text (see the sample above).

Step 4 – Rent Payments

The tenant(s) will be required to pay rent on a monthly basis. Enter the full amount of rent that is required. If there are two (2) tenants, state the total amount of rent that is collected, not their individual rent payments. Then, specify the day of the month in which rent is due (commonly the last or first day of the month).

Step 5 – Late Charges

Landlords commonly charge a late fee if the tenant hasn’t paid the rent in full by the due date. Landlords rarely want to actually charge the fee – it’s used to prevent tenants from paying late in the first place. Enter the day of the month that the landlord will charge a fee if the rent hasn’t been received. Next, enter the actual amount ($) of the fee. In the third field enter the day of the month that that the landlord will begin the eviction process if the rent payment is still outstanding.

Step 6 – Returned Check Fee

Returned checks are also called “bounced” checks, and this situation occurs when a landlord tries to cash a tenant’s check when they don’t have enough money in their bank account. Enter the fee that will be charged to tenants for bounced checks.

Step 7 – Security Deposit

A security deposit is a monetary payment made by the tenant at the start of the lease. It is typically equivalent to one (1) month of rent and is used by the landlord upon the termination of the lease to cover damage to the unit or other related expenses. If there are no issues at the end of the agreement, the landlord is required to return the deposit to the tenant.

Step 8 – Furnishings

If the rental contains furniture, check the second box and list the furniture included in the property. If the rental is unfurnished, check the first box.

Step 9 – Utility Payments

List all utilities that the landlord will be paying for (if any). Any utilities not listed on the lines provided will be the responsibility of the tenant.

Step 10 – Parking

If the tenant is given a designated parking space (not street parking or a general lot), check the first box. If the parking space(s) cost money, check the second box and enter the amount of money the tenant is required to pay. Check the corresponding box if the tenant will be required to pay this fee once at the start of the lease, or once per month. Describe the lot(s) on the provided line (e.g., “space 52”). If no specific parking is provided, check the second box.

Step 11 – Notice Addresses

In order to end the agreement, the terminating party will need to send a written notice to the other informing them of their intent to terminate the contract. The address to which the landlord and tenant should send notices should be listed in full, including apartment numbers (if applicable).

Step 12 – Pet Rules

If the tenant can have pets on the premises, check the second box, enter the number (#) of pets, list each type of pet that qualifies, and enter the deposit that the landlord will collect (leave blank if no deposit will be collected). If the tenant cannot have pets in the rental, check the first box.

Step 13 – Governing Law (State)

Enter the name of the state in which the rental property is located.

Step 14 – Lead-Based Paint Disclosure

If the rental property was built prior to 1978, the landlord has to provide the tenant with a disclosure regarding lead-based paint. If the home was built after 1978, the first box can be checked.

Step 15 – Any Additional Provisions

If there are any additional provisions the landlord wishes to include in the agreement, they can write them on the lines provided. Otherwise, leave these fields blank.

Step 16 – Signatures of Landlord & Tenant(s)

In order to be legally binding, the agreement will need to be signed and dated by the landlord and the tenant(s). Their printed names should also be written underneath their respective signatures, as well as phone numbers and email addresses.