MONTH TO MONTH LEASE
_________________________________________, referred to as LANDLORD, and _________________________________________, referred to as TENANT, agree:
LANDLORD rents the following premises to TENANT under the terms and conditions stated herein:
_____________________________________________________________________
on a month to month tenancy. The TENANCY may be terminated by either party giving notice no later than on the 15th. of the month, to be effective the first of the next month.
TENANT shall pay rental in the amount of
$_______________ ( and 0/100ths Dollars dollars) on the 1st day of each month, in advance and without demand or set off. TENANT shall deposit $_______________ ( and 0/100ths Dollars dollars) as a security deposit which shall be held and returned under the conditions provided in the law applicable to the same in _______________. The same shall not be applied to rental.
The premises shall be solely used by TENANT as a residence and TENANT shall not engage in any business, or in any hazardous activity which may increase the fire hazard on the premises.
The TENANT has examined the premises, and that they are in good order and condition.
TENANT shall not assign or sublease the premises unless prior written approval is granted by the LANDLORD. TENANT further agrees not make any alterations to the building or premises without the prior written consent of the LANDLORD. TENANT shall not abandon the premises. In the event that the TENANT is absent from the premises for more than 30 days, or in the event that TENANT explicitly abandons the premises the LANDLORD shall have the option to re-rent the premises or deem the action to be an anticipatory repudiation of the contract and bring an action for any rental unpaid, or for the entire term.
All necessary utility services shall be the responsibility of the TENANT. The TENANT shall occupy the premises in accordance with all laws and regulations pertaining thereto. TENANT shall return the premises to the LANDLORD at the termination of tenancy in the same condition as received, ordinary wear and tear excepted.
Unless with the prior consent of the LANDLORD TENANT shall not keep any pets or animals.
This lease shall terminate in the event that the premises are destroyed, other than negligence of the TENANT, or upon taking of the property under legal authority of eminent domain.
In all other regards, this lease shall be subject to the terms of the landlord and tenant law related to unfurnished dwellings of the state of _______________.
Dated: ______________________________
___________________________________________________
TENANT
Dated: ______________________________
___________________________________________________
TENANT
Dated: ______________________________
___________________________________________________
LANDLORD
Dated: ______________________________
___________________________________________________
LANDLORD
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Frequently Asked Questions
What is a month to month lease?
A month to month lease is a rental agreement that continues on a monthly basis until either the landlord or tenant decides to terminate it. It does not have a fixed end date, so the tenancy automatically renews each month. The agreement outlines the terms and conditions, including rent and notice requirements.
How can a month to month lease be terminated?
Either the landlord or the tenant may terminate the tenancy by giving notice no later than the 15th of the month. The termination will then be effective on the first of the next month. This notice provision is specified in the lease agreement.
When is rent due under a month to month lease?
Rent is due on the 1st day of each month, in advance and without demand or set off. The tenant must pay the specified rental amount by that date. The lease does not allow for any deductions or offsets against the rent.
Is a security deposit required for a month to month lease?
Yes, the tenant shall deposit a security deposit as specified in the lease. This deposit will be held and returned under the conditions provided by the law applicable in the specified location. The security deposit cannot be applied to rental payments.
Can a tenant use the premises for business under a month to month lease?
No, the premises shall be solely used by the tenant as a residence. The tenant is not allowed to engage in any business or hazardous activity that may increase the fire hazard on the premises. This restriction is explicitly stated in the lease.
What are the notice requirements to end a month to month tenancy?
Notice must be given no later than the 15th of the month to be effective the first of the next month. This means if notice is given after the 15th, the termination will not take effect until the first of the following month. Both parties must adhere to this timeline.
Does a month to month lease automatically renew?
Yes, a month to month lease continues automatically until either party gives proper notice to terminate. It does not have a fixed term, so it renews each month under the same terms. The tenancy remains in effect until valid notice is provided.
What happens if a tenant violates the lease terms?
The lease does not specify the consequences of a violation, but it states that the tenant shall not engage in business or hazardous activities. Any violation could potentially lead to termination of the tenancy under applicable law. The lease should be reviewed for any additional provisions.
Can the security deposit be used to cover unpaid rent?
No, the lease explicitly states that the security deposit shall not be applied to rental. The deposit is held separately and returned under the conditions provided by law. It is intended to cover damages or other specified costs, not rent.
What law governs the security deposit for a month to month lease?
The lease states that the security deposit shall be held and returned under the conditions provided in the law applicable in the specified location. The exact jurisdiction is left blank in the agreement. Therefore, the governing law depends on where the property is located.
