Month-to-month rental agreement

A rental with no fixed end date that either side can end with written notice. Fill in the rent, the deposit and the notice period, send one link, and the tenant signs.

A residential rental agreement that renews automatically each month until the landlord or tenant ends it with written notice. It sets the rent, the deposit, how rent increases are given, and the notice period to terminate.

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What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Month-to-Month Residential Rental Agreement

This Month-to-Month Residential Rental Agreement (the "Agreement") is made between [Landlord name (person or company)] ("Landlord"), whose address for notices is [Landlord address for notices], and [Tenant full name(s)] ("Tenant"), telephone [Tenant phone]. Landlord rents to Tenant the dwelling located at [Premises address (including unit)], together with its fixtures and appliances (the "Premises"), on the terms below. Landlord and Tenant are each a "Party" and together the "Parties".

1. Periodic Term

The tenancy begins on [Tenancy start date] and continues from month to month, renewing automatically on the first day of each month, until either Party terminates it under Section 5. The Premises shall be occupied only by Tenant and the following persons: [Other occupants (or "None")]. Each person signing as Tenant is jointly and severally liable for every obligation of Tenant.

2. Rent

Tenant shall pay rent of [Monthly rent] per month (the "Rent") in advance on the [Rent due on the] day of each month, by: [How rent is paid]. Rent for a partial month is prorated by the day. If Rent is not received within [Grace period (days)] days after it is due, Tenant shall pay a late fee of [Late fee], subject to any limit imposed by the law of the State of [Governing law (state)], plus a returned-payment charge of thirty-five dollars ($35) for any dishonored payment. Acceptance of late or partial Rent does not waive Landlord’s right to insist on timely payment.

3. Rent Increases

Landlord may change the Rent or any other term of this Agreement by giving Tenant at least [Notice before a rent increase (days)] days’ written notice before the first day of the month on which the change takes effect, or such longer notice as the law of the State of [Governing law (state)] requires for the size of the change. Any increase is subject to any rent-stabilization or rent-cap law that applies to the Premises. Tenant may terminate this Agreement under Section 5 rather than accept the change; if Tenant remains in possession after the effective date, Tenant has accepted it.

4. Security Deposit

On signing, Tenant shall pay a security deposit of [Security deposit] (the "Deposit"), subject to any cap and any holding requirement under state law. Landlord may apply the Deposit to unpaid Rent or charges, to repair of damage beyond ordinary wear and tear, and to cleaning needed to restore the Premises to their move-in condition. Within [Deposit returned within (days after move-out)] days after Tenant vacates and returns all keys, Landlord shall return the balance with a written itemized statement of deductions to the forwarding address Tenant provides. The Deposit is not Rent and may not be applied by Tenant to the last month.

5. Termination by Either Party

Either Party may terminate this Agreement by giving the other at least [Notice to terminate (days)] days’ written notice, or such longer notice as the law of the State of [Governing law (state)] requires of that Party, delivered in the manner that law requires for a notice terminating a periodic tenancy. The notice may specify any termination date that is at least the required number of days after delivery; if it does not, the tenancy ends on the last day of the month in which the notice period expires.

Rent is owed through the termination date whether or not Tenant vacates earlier. Nothing in this Section limits Landlord’s right to terminate sooner for default under Section 10, or any just-cause requirement or additional protection that applies to the Premises under local law.

6. Utilities

Tenant shall arrange and pay for: [Utilities paid by Tenant]. Landlord shall pay for: [Utilities paid by Landlord]. Tenant shall keep the utilities Tenant is responsible for connected throughout the tenancy and shall reimburse Landlord within ten (10) days for any utility billed to Landlord for Tenant’s use.

7. Use of the Premises; Pets; Smoking

Tenant shall use the Premises only as a private residence, comply with all laws and any building or association rules delivered to Tenant, and not disturb neighbors. Guests may stay no more than fourteen (14) days in any calendar year without Landlord’s written consent. Pets: [Pets]. Permitted pet(s): [Pet(s) (or "None")]. This does not limit Tenant’s right to keep an assistance animal under fair housing law. Smoking: [Smoking]. Tenant shall not assign this Agreement, sublet, or list the Premises on a short-term rental platform without Landlord’s written consent.

8. Maintenance and Repairs

Landlord shall keep the Premises habitable as the law of the State of [Governing law (state)] requires, including structure, plumbing, electrical, heating, appliances supplied by Landlord, and smoke and carbon monoxide detectors, and shall make repairs within a reasonable time after Tenant reports them. Tenant shall keep the Premises clean and free of pests and trash, replace bulbs, batteries and filters, protect pipes from freezing, promptly report needed repairs, and pay for damage caused by Tenant, occupants, guests or pets. Tenant shall not alter the Premises, paint, or change locks without Landlord’s written consent.

9. Landlord’s Entry

Landlord may enter at reasonable times after at least [Notice before Landlord entry (hours)] hours’ notice to inspect, repair, supply services, or show the Premises to prospective tenants, buyers or lenders, and without notice in an emergency or if Tenant has abandoned the Premises.

10. Default

If Tenant fails to pay Rent or any charge when due, breaches any other term and fails to cure within the time state law allows after written notice, or uses the Premises unlawfully, Landlord may serve the notice state law requires, terminate Tenant’s right of possession, recover possession by court process, and recover unpaid Rent, damages, costs and, where the law allows, reasonable attorney fees. Landlord shall not use self-help to remove Tenant. Nothing in this Agreement limits Tenant’s rights under the Servicemembers Civil Relief Act or state law protecting victims of domestic violence.

11. Move-Out; Holdover

On the termination date Tenant shall remove all belongings, clean the Premises, return them in the condition received except for ordinary wear and tear, return all keys and access devices, and give Landlord a forwarding address. If Tenant remains after the termination date, Tenant owes Rent for each day of holdover at one and one-half times the daily Rent, to the extent state law permits, plus any damages the holdover causes, and Landlord may proceed under state law to recover possession. Landlord’s insurance does not cover Tenant’s belongings; Tenant is encouraged to carry renter’s insurance. Tenant’s emergency contact is [Tenant emergency contact (name and phone)].

12. Disclosures; Notices; General

For a dwelling built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and EPA pamphlet, and Landlord shall give any other disclosure the law of the State of [Governing law (state)] or the local jurisdiction requires. Notices shall be in writing and delivered by hand, by mail to the addresses above or to the Premises, or by email to the addresses in the execution record, except that a notice to terminate or demand possession shall be served as state law requires.

This Agreement is governed by the laws of the State of [Governing law (state)]. It is the entire agreement between the Parties about the Premises, may be amended only in a writing signed by both Parties or by Landlord’s notice under Section 3, and remains in effect as to the rest if any provision is unenforceable. Landlord’s failure to enforce a provision is not a waiver. This Agreement may be signed electronically and in counterparts, and the electronic execution record kept by the signing platform is conclusive evidence of execution.

Signatures

Landlord · Tenant

Month-to-Month Rental Agreement FAQ

How much notice does it take to end a month-to-month tenancy?

Thirty days is the most common statutory minimum for either side, but several states require 60 days from the landlord (California after one year, Delaware, Georgia and others) and a few require more. This agreement lets you choose 30, 60 or 90 days and states that if the law of the governing state requires more, the longer period applies.

Can the landlord raise the rent at any time?

On a month-to-month tenancy the landlord may raise the rent with written notice, usually 30 days, and the agreement sets the notice period. Some states require 60 or 90 days for larger increases, and California, Oregon and rent-controlled cities cap the amount. The clause defers to those limits.

Can I leave the tenant’s information blank for them to fill in?

Yes. Fill in the premises, the rent, the deposit and the notice period, and leave the tenant’s name, phone, occupants, pets and emergency contact blank. The tenant fills those in when they open the link and signs; you countersign after you have seen the entries.

What happens if the tenant moves out mid-month?

Rent is owed through the end of the notice period, not just until the day the tenant leaves, unless the landlord agrees otherwise in writing. If the tenant gives proper notice on the 10th, for a 30-day period the tenancy ends on the 10th of the following month and rent for that partial month is prorated.

Is a month-to-month agreement as binding as a lease?

Yes. Every clause is enforceable while the tenancy continues; the only difference from a fixed-term lease is that either side can end it with notice. A landlord still needs a court order to remove a tenant who does not leave after the notice period.

What if the tenant stays after the notice period ends?

The tenant becomes a holdover, and the landlord may file for eviction under state law. The agreement says the tenant owes rent for each day of holdover and any damages the delay causes. Accepting full rent for a new month after the notice period can restart the tenancy, so landlords should be careful about what they accept.

Related templates

This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.

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