Also known as: 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 and automatically renews unless terminated by proper notice at the end of a period.
Select any source to read its text and confirm it supports the definition.
Meredith Maxwell and Malcolm McKinley exchanged emails agreeing to rent a warehouse space but the writing failed the Statute of Frauds. Meredith took possession and paid monthly rent for six months which Malcolm accepted. When Malcolm later tried to end the arrangement with only ten days notice the court treated the arrangement as a month-to-month tenancy requiring full period notice before termination.
Monica Morgan signed a month-to-month lease with Millennium Media for an apartment. After several months of timely rent payments Millennium Media attempted to evict Monica without giving the required notice period. The court held that the ongoing monthly payments and acceptance created a continuing month-to-month tenancy that could be ended only at the conclusion of a full rental period.
Madison Meyers occupied a unit under a month-to-month arrangement with Mosaic Retail. When Mosaic Retail proposed new rules and a rent increase Madison refused and Mosaic Retail responded with a short-notice demand to vacate. The court ruled that the month-to-month tenancy continued until proper notice equal to the rental period was provided.
Proper notice equal to the length of the rental period must be given and the termination must take effect at the end of a period. Shorter notice is insufficient to end the tenancy.
Supporting sources
The arrangement is treated as a periodic tenancy that renews monthly and requires one full month's notice to terminate. The absence of explicit notice language does not convert it into a tenancy at will.
Supporting sources
Yes. When a tenant takes possession and pays rent monthly that is accepted by the landlord a periodic month-to-month tenancy arises by operation of law with all lease terms except duration.
Supporting sources
…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…