Legal Definitions - month

In legal contexts, the term month can refer to several distinct periods of time, depending on the specific law, contract, or agreement in question.

• Most commonly, a month refers to a calendar month, which is one of the twelve named divisions of the year (e.g., January, February, March). This period begins on the first day of the named month and ends on the last day, regardless of whether it has 28, 29, 30, or 31 days.

  • Example: A residential lease agreement states that rent is due on the first day of each calendar month. If a tenant moves in on September 1st, their first rent payment covers the entire period from September 1st to September 30th. The next payment, due October 1st, covers October 1st to October 31st. This illustrates the use of a named calendar month as a fixed period.

• Sometimes, especially when not tied to a specific calendar name, a month can signify a general period of time approximating 30 days. This interpretation is often used for calculating durations or deadlines that are not fixed to the start or end of a specific calendar month.

  • Example: An employment contract requires an employee to give "one month's notice" before resigning. If an employee submits their resignation on May 10th, their last day of employment would typically be June 10th, representing a period of approximately 30 days from the date notice was given, rather than requiring them to work until the end of a specific calendar month.

• Historically, under common law (a body of law developed from judicial decisions rather than statutes), a month was traditionally understood as a period of 28 days, often referred to as a lunar month. While modern statutes and contracts typically define a month as a calendar month, this historical meaning can still be relevant in very specific, older legal interpretations or documents.

  • Example: A very old property deed from the 19th century grants a neighbor the right to access a shared well "within one month of the spring thaw." In interpreting this ancient document, a court might consider the common law definition of a month as 28 days, rather than a modern calendar month, to precisely determine the deadline for exercising that right, reflecting the legal understanding prevalent at the time the deed was created.