Also known as: month-to-month tenancy · month to month tenancy · month to month tenancies · periodic tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A periodic tenancy that continues from month to month until one party gives proper notice of termination. The arrangement arises when parties agree to rent without a fixed end date and rent is paid and accepted monthly or when an invalid lease under the statute of frauds is followed by possession and monthly rent payments.
Maurice Marshall and Maya Malik exchanged emails agreeing to rent a loft on a month-to-month basis but omitted any termination terms. Maurice took possession and paid monthly rent for eight months. When Maya demanded vacation in four days after a rent dispute, the court treated the arrangement as a month-to-month tenancy requiring one full month's notice before termination.
Marcus Mitchell agreed orally with Metro Bank to occupy commercial space without a written term. Marcus paid and the bank accepted monthly rent for over a year. When the bank attempted to end the relationship mid-month without notice, the tenancy continued because month-to-month status required notice equal to the rental period.
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Meredith Maxwell remained in her apartment after her fixed-term lease expired. She continued paying monthly rent that Marathon Logistics accepted without reservation. The resulting month-to-month tenancy could be terminated only by proper advance notice rather than immediate eviction.
One month's notice is typically required, matching the length of the rental period. The notice must be given before the end of the current month so that termination occurs at the close of the next period. Some statutes shorten or lengthen this interval, but the default rule ties notice directly to the monthly cycle.
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Yes. When parties agree to rent without a fixed term and monthly rent is paid and accepted, a month-to-month periodic tenancy arises by operation of law. The arrangement renews automatically each month until proper notice ends it.
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A periodic month-to-month tenancy is created even though the original lease violated the statute of frauds. Possession plus payment and acceptance of rent supplies the necessary elements without further proof of intent.
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…1987. A lease agreement was executed between the parties on that date for the unit located at 677 Eastwood Avenue. It was for a month-to-month tenancy commencing May 1, 1987 at a rent of $325 per month. Complainants also paid respondent a security deposit of $150 for which a receipt was given. Complainant Randall signed the lease…