How is a periodic tenancy (such as month-to-month) terminated?

If no expiration date is stated in the lease (or if there is no written lease) and if the tenant pays rent on a monthly basis, the tenant has a month-to-month tenancy. A month-to-month tenancy is certainly the most common type of periodic tenancy. However, the period for the tenancy can be week-to-week, six-month to six-month or year-to-year, depending upon the parties' agreement or how rent is paid. A periodic tenancy (for whatever the period may be) is automatically renewed for the next period, unless either the landlord or the tenant gives the other notice of termination. Either the landlord or the tenant can decide to terminate a periodic tenancy for any reason or for no reason at all.

To terminate a month-to-month tenancy for no reason or no cause, either the landlord or the tenant must give the other a Notice to Vacate at least ten days before the next rental payment is due. A year-to-year tenancy requires a three month advance notice to terminate. A week-to-week tenancy or a tenancy at will requires notice three days before the net rent is due. A six-month to six-month tenancy requires one month advance notice to terminate it.

Remember, a tenant is under the same notice requirements as a landlord if the tenant wishes to terminate a periodic tenancy. Failure to give timely notice will result in the tenant's liability for rent for another period. The notice must be in writing and delivered directly to the landlord or the tenant, as the case may be, or the landlord may deliver a copy to a member of the tenant's family over the age of 15 occupying the unit, or may post the notice conspicuously on the door of the unit. Mailing of the notice is not effective.

Show All Answers

1. Why does a lease terminate?
2. How is a periodic tenancy (such as month-to-month) terminated?
3. How is a lease with a specific ending date terminated?
4. Does an assignment or sublease terminate the lease?
5. Can the tenant move out before the end of the lease?
6. Does the lease terminate if the tenant breaches the lease?
7. Does the lease terminate if the landlord breaches the lease?