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Understanding the Landlord Tenant Month to Month Lease Agreement
Definition & Meaning
A landlord-tenant month-to-month lease is a rental agreement that automatically renews every month. This type of lease continues until either the landlord or tenant provides proper notice to terminate it. Typically, state laws dictate the required notice period, which is often 30 days, but this can vary. If a tenant fails to give the required notice, they may be obligated to pay rent for an additional month.
Table of content
Legal Use & context
Month-to-month leases are commonly used in residential rental agreements. They provide flexibility for both landlords and tenants, allowing for short-term arrangements without the commitment of a long-term lease. This type of lease falls under civil law and often involves rental law practices. Users can manage their agreements and terminations using legal templates from US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A tenant living in an apartment on a month-to-month lease decides to move out. They provide written notice to the landlord 30 days before their intended move-out date, fulfilling the notice requirement.
Example 2: A landlord wishes to terminate a month-to-month lease with a tenant. They deliver a written notice to the tenant 15 days before the end of the rental month, complying with state law. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Notice Period
California
30 days
Texas
30 days
New York
30 days
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Fixed-term lease
A rental agreement for a specified period, typically six months to a year.
Does not automatically renew; requires a new agreement to extend.
Sublease
A rental agreement where the original tenant rents out their space to another tenant.
Involves a third party and may require landlord approval.
Common misunderstandings
What to do if this term applies to you
If you are a tenant considering ending a month-to-month lease, ensure you provide the required written notice to your landlord. If you are a landlord wishing to terminate a lease, follow your state's notice requirements. For assistance, explore US Legal Forms' templates for lease agreements and termination notices, or consult a legal professional if your situation is complex.
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