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Simple English definitions for legal terms
Month-to-Month Tenancy
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A quick definition of Month-to-Month Tenancy:
A month-to-month tenancy is when someone rents a place to live without a set end date. They pay rent every month until either they or the landlord decide to end the rental agreement. In most places, the person who wants to end the rental agreement has to give notice before the end of the month. This means that if the landlord wants the tenant to move out, they have to tell them before the end of the month, and the tenant has to move out at the end of the next month. If there is no written agreement, the landlord and tenant can still create a month-to-month tenancy by the way they act towards each other.
A more thorough explanation:
A month-to-month tenancy is a type of rental agreement where the tenant pays rent on a monthly basis and the agreement does not have a specific end date. The tenant can continue living in the rental property and paying rent until either the landlord or the tenant gives notice to end the agreement.
Under common law, the notice to end the agreement is effective at the end of the complete month following the notice given by either party. For example, if the tenant gives notice to end the agreement on January 15, the agreement will end on February 28. However, some states have shorter notice periods, such as 15 days.
A month-to-month tenancy can be created through the parties' conduct or through an express agreement. For example, if the landlord accepts the monthly rent payment from the tenant, it creates a month-to-month tenancy. If the parties enter into a lease contract with no stated duration period, it is presumed to be a month-to-month tenancy.
Example: John rents an apartment from Jane on a month-to-month basis. He pays rent on the first of every month. In March, John decides to move out and gives Jane notice on March 15. The agreement will end on April 30, which is the end of the complete month following the notice.
Example: Sarah and Tom enter into a lease agreement with no stated duration period. They pay rent on a monthly basis. This creates a month-to-month tenancy.