Month-to-month tenancy — what it means and how it varies by state

A month-to-month tenancy is a periodic rental that automatically renews each month until either party gives notice. State law sets the minimum advance notice required to terminate — usually 30 days, sometimes longer for landlord-initiated termination.

§ I — What "month-to-month tenancy" means

A month-to-month tenancy (sometimes called an at-will tenancy in older statutes) is a lease that runs in one-month increments and renews automatically. Either party can end it by giving the state's required notice — most states require 30 days, but some require 60 or 90 days when the landlord is the one terminating, and some impose just-cause requirements before a landlord can end a long-running periodic tenancy.

§ II — How month-to-month tenancy varies by state

• Massachusetts

  Massachusetts requires "rental period" notice (typically 30 days for month-to-month); written notice that ends on a rent-due date. M.G.L. c. 186, §§ 12, 13.

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• Florida

  Florida requires at least 15 days' written notice to terminate a monthly tenancy. F.S. § 83.57.

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• California

  California requires 30-day notice if the tenant has lived there <1 year, 60-day notice if ≥1 year. AB 1482 imposes just-cause requirements for tenancies over 12 months. CC §§ 1946–1946.2.

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• New York

  New York requires 30, 60, or 90 days based on tenancy length (RPL § 226-c). HSTPA 2019 extended the longer windows to all market-rate units.

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• Texas

  Texas requires written notice equal to one full rental period (typically 30 days for monthly tenancies, but the lease may set a different period) to terminate a month-to-month tenancy. Tex. Prop. Code § 91.001. Notice must arrive before the day on which the rental period ends.

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• North Carolina

  North Carolina requires at least 7 days' written notice for week-to-week tenancies and at least 30 days' written notice for month-to-month tenancies. The notice must precede the end of the rental period. N.C. Gen. Stat. § 42-14.

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• Georgia

  Georgia uses asymmetric notice: the landlord must give 60 days' written notice and the tenant must give 30 days' written notice. O.C.G.A. § 44-7-7. The asymmetry is unusual; most states use a symmetric rule.

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• Pennsylvania

  Pennsylvania requires 15 days' notice to terminate a month-to-month tenancy of less than one year, 30 days for one year or more. 68 P.S. § 250.501.

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• Illinois

  Illinois requires at least 30 days' written notice on or before the last day of the rental period for which rent has been paid. 735 ILCS 5/9-207. Chicago RLTO (Mun. Code ch. 5-12) and Cook County RTLO impose additional cure-and-notice procedures when applicable.

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• Ohio

  Ohio requires at least 30 days' written notice (or one rental period, whichever is longer) to terminate a month-to-month tenancy. Ohio Rev. Code § 5321.17(A). Weekly tenancies require 7 days' notice under § 5321.17(B). Before an eviction action for cause, the landlord must serve a separate 3-day notice to vacate.

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• Michigan

  Michigan generally requires written notice equal to one full rental period (typically 30 days for monthly tenancies) to terminate a periodic tenancy. MCL 554.134. The notice must be given before the end of the rental period and applies symmetrically.

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• Washington

  Washington requires 20 days' notice from the tenant; landlord must show statutory cause to terminate (RCW 59.18.650, RCW 59.18.200).

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• Arizona

  Arizona requires at least 30 days' written notice from either party to terminate a month-to-month tenancy. A.R.S. § 33-1375(B). Notice must be given before the end of the rental period, and the same period applies whether tenant or landlord initiates termination.

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• Virginia

  Virginia requires at least 30 days' written notice from either party to terminate a month-to-month tenancy. Va. Code § 55.1-1253. Larger landlords (above the § 55.1-1204(K) portfolio threshold) must give 60 days' notice for nonrenewal or rent-increase at the end of a fixed term.

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• New Jersey

  New Jersey allows a tenant to terminate a month-to-month tenancy on at least one full month's written notice, but the landlord may terminate only for "good cause" under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1) — which substantially restricts no-cause termination of any rental covered by the Act.

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• Colorado

  Colorado uses a tiered notice schedule based on the length of tenancy: 21 days for tenancies of 1+ months but less than 6 months; 28 days for 6+ months but less than 1 year; and 60 days (HB23-1095) for 1+ year tenancies. C.R.S. § 13-40-107.

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• Tennessee

  In Tennessee URLTA counties (Davidson, Shelby, Knox, Hamilton, and other 75 000+ population counties), at least 30 days' written notice is required to terminate a month-to-month tenancy. Tenn. Code § 66-28-512. Outside URLTA counties, the lease and common-law principles govern.

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• Minnesota

  Minnesota requires at least one full rental period's notice in writing — typically 30 days for monthly tenancies — to terminate a periodic tenancy. Minn. Stat. § 504B.135. The notice must arrive before the end of the period and applies symmetrically.

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• Maryland

  Maryland uses asymmetric notice: 30 days from the tenant, 60 days from the landlord for a month-to-month tenancy, and 90 days for a year-to-year tenancy. Md. Code, Real Prop. § 8-402.

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• Indiana

  Indiana requires at least 30 days' written notice from either party — symmetric, unlike Maryland's asymmetric framework. IC 32-31-1-1; IC 32-31-1-2.

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