Month-to-Month Lease Termination: Notice Requirements by State 2026
Month-to-Month Lease Termination: Complete State Guide
Month-to-month tenancies offer flexibility for both landlords and tenants, but terminating them requires following your state's specific notice requirements. Get it wrong, and you'll have to start over.
What is a Month-to-Month Tenancy?
A month-to-month tenancy is a rental agreement that:
- Automatically renews each month
- Has no fixed end date
- Can be terminated by either party with proper notice
- Often created when a lease expires and tenant stays
State-by-State Notice Requirements
7-Day Notice
- North Carolina (week-to-week tenancies)
15-Day Notice
- Florida (15 days before end of period)
- Utah (15 days)
- Pennsylvania (15 days)
20-Day Notice
- Washington (20 days before end of period)
28-Day Notice
- Wisconsin (28 days)
30-Day Notice (Most Common)
- Texas, California*, Illinois, Ohio
- Arizona, Georgia, Indiana, Michigan
- New York, New Jersey, Massachusetts
- Colorado, Oregon, Nevada
- And most other states
*California requires 60 days for tenancies over 1 year
60-Day Notice
- California (tenancies over 1 year)
- Delaware (60 days)
- Georgia (60 days for some situations)
Timing Your Notice Correctly
When Does the Period Start?
Most states require notice before the NEXT rental period begins.
Example (30-Day Notice):
- Rent due on 1st of month
- To terminate by March 1:
- Must give notice by January 31
Calendar Days vs. Business Days
- Most states use calendar days
- Include weekends and holidays
- Last day may extend if it falls on weekend
What Must Be in Your Termination Notice?
- Date of notice
- Tenant name(s)
- Property address
- Termination date
- Statement that tenancy is ending
- Move-out instructions
- Security deposit return information
- Your signature
Proper Service Methods
Personal Delivery
- Hand directly to tenant
- Keep witness or get signature
Certified Mail
- Return receipt requested
- Keeps proof of delivery
Posting and Mailing
- Post on door
- Also mail a copy
- Take timestamped photo
Just-Cause Eviction Locations
Some cities require a "just cause" reason even for month-to-month terminations:
- California: Many cities (LA, SF, Oakland, San Diego)
- Oregon: Statewide after 1 year
- New York: New York City
- Washington: Seattle
- New Jersey: Many cities
Valid Just Causes (Where Required)
- Owner move-in
- Major renovations
- Property sale
- Demolition
- Tenant at-fault reasons
What If Tenant Doesn't Leave?
If the tenant remains after proper notice:
- Do NOT accept rent for new period
- File for eviction (holdover proceeding)
- Attend court hearing
- Obtain writ of possession
- Sheriff executes eviction
Tenant Counter-Strategies
Be aware tenants may:
- Claim improper notice
- Allege retaliation
- Assert habitability defenses
- Request disability accommodations
- File discrimination complaints
Best Practices for Landlords
- Give more notice than required - Better safe than sorry
- Use our notice generator - Ensures compliance
- Keep proof of service - Multiple methods recommended
- Don't accept rent - After termination date
- Document everything - Photos, dates, communications
Related Resources
- 30-Day Notice Generator - Free state-specific notices
- Holdover Tenant Guide
- Eviction Notice Templates
- Security Deposit Calculator - Refund deadlines
- Late Fee Calculator - Calculate outstanding amounts