A month-to-month lease is exactly as it sounds—it renews every 30 days (or every month) until the tenant gives notice. However, landlords can also end a month-to-month tenancy. Here’s how:
You might need a reason
In most cases, a landlord can end a month-to-month tenancy without reason. However, in government subsidized housing or in mobile home communities, landlords cannot end a month-to-month tenancy without a legally recognized reason.
You must give written notice
A landlord cannot end a month-to-month tenancy without providing a tenant with written notice at least 30 days prior. You can give notice any time of the month, but keep in mind that it will be 31 days after that date (to account for mailing). So, if you send notice during midterm, then the tenancy will run out in the middle of the next month.
If the tenant fails to vacate after the notice expires, you would still need to proceed with a formal eviction process to remove them. There are a number of issues that can arise in these evictions, from unintentionally voiding your own notice to claims of retaliatory eviction.
Having a real estate lawyer by your side can help you navigate the intricacies of month-to-month tenancies. Contact Aaron Cox Law today to learn more.