Month-To-Month Lease

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What Is A Month-To-Month Lease?

A month-to-month lease is a type of rental agreement in which the tenant agrees to rent a property on a month-by-month basis rather than signing a long-term lease for a specific period. It provides flexibility for tenants who donā€™t want to commit to a long-term lease and a steady rental income stream for landlords.

Month-to-month lease

It allows tenants to rent a property on a short-term basis without a long-term commitment, which can benefit individuals uncertain about their future plans. They can also be a temporary solution for tenants who need a place to live while they search for a more permanent residence. But, such leases may have higher rent prices, as landlords assume more risk due to the lack of commitment from the tenant.

  • Month-to-month leases offer tenants flexibility and allow them to rent a property on a short-term basis without a long-term commitment, making it beneficial for individuals who have short-term housing needs or are uncertain about their future plans.
  • It requires a shorter commitment than a long-term lease, such as a year, but may have higher rent prices due to the lack of commitment from the tenant.
  • Termination is a critical aspect of a month-to-month lease, and understanding the terms of termination is crucial for tenants and landlords to ensure a smooth and fair process.
  • While a month-to-month lease can provide flexibility for tenants and landlords, it also has drawbacks, including uncertainty, limited security, and higher rent prices. Considering these factors is important when deciding whether a month-to-month lease is right.

How Does Month-To-Month Lease Work?

A month-to-month lease is a rental agreement in which a tenant rents a property month-by-month rather than signing a long-term lease for a specific period, such as six months or a year. This lease agreement typically requires the tenant to pay rent at the beginning of each month and gives them the flexibility to move out or terminate the lease with little notice, usually 30 days. First, let us look at how a month-to-month lease works:

  1. The tenant and landlord agree on the monthly rental rate, any security deposit required, and other terms and conditions of the lease.
  2. The tenant pays the first month's rent and any required security deposit before moving in.
  3. The lease continues month-to-month, with the tenant paying rent at the beginning of each month.
  4. If the tenant wishes to terminate the lease, they must provide the required notice period, usually 30 days. Similarly, if the landlord wishes to terminate the lease, they must provide the required notice period.
  5. If the tenant wishes to renew the lease for another month, they continue paying the monthly rent.
  6. The landlord may adjust the rental rate or other lease conditions with proper notice.

Examples

Let us look at these examples to understand the concept better.

Example #1

As per the website information by the US Bureau of Labor Statistics, month-to-month leases have become more common in the US rental market, with about 14% of renters being on a month-to-month lease in 2019, up from 10% in 2013. The average length of leases varies from state to state, with California having the highest proportion of month-to-month leases (62.7%), followed by the District of Columbia (58.4%) and Arkansas (57.1%).

Additionally, California and the District of Columbia have the highest average rents, suggesting tenants in high-rent areas may have less appetite to enter long-term leases. While month-to-month leases can provide flexibility for renters, they also come with higher rent prices than fixed-term leases. Renters on such leases are more likely to experience housing insecurity.

Example #2

Suppose John needs a place to stay for a few months while he's in town for work, but he's unsure how long his project will take. He finds an apartment complex that offers month-to-month leases, so he decides to sign up for one. He pays his first month's rent upfront and moves in.

At the end of the first month, John decides to stay another month, so he pays the next month's rent and continues living in the apartment. However, after the second month, John's project is completed, and he needs to return to his hometown. So, he gives the required 30-day notice to his landlord and moves out at the end of the third month.

Because John was on a month-to-month lease, he could stay as long as needed without being tied to a long-term agreement. However, he may have paid slightly more rent than on a long-term lease, as the landlord assumed more risk by not having a guaranteed tenant for an extended period.

Termination

Termination refers to ending the rental agreement in a month-to-month lease. The tenant or the landlord can terminate the lease by providing the required notice period, usually 30 days.

It can occur for various reasons, such as the tenant finding a new place to live, the landlord needing to sell the property, or the tenant violating the terms of the lease agreement. Termination can be voluntary or involuntary, depending on the circumstances.

Both the tenant and the landlord need to understand the terms of termination outlined in the lease agreement, including the required notice period and any penalties or fees that may apply. Failure to follow the proper termination procedures can result in legal disputes and financial consequences.

Pros And Cons

Let us have a look at the advantages and disadvantages of a month-to-month lease:

Pros

  1. Flexibility: A month-to-month lease provides tenants with flexibility, allowing them to move out or terminate the lease with little notice. This can benefit individuals uncertain about their plans or with short-term housing needs.
  2. Short-term commitment: It requires a shorter commitment than a long-term lease, such as a year. This can benefit tenants who do not want to be tied to a long-term agreement.
  3. Rent adjustment: It allows landlords to adjust rental rates and conditions as needed, giving them more flexibility than long-term leases.

Cons

  1. Higher rent: Month-to-month leases may have higher rent prices than long-term leases, as landlords assume more risk due to the lack of commitment from the tenant.
  2. Uncertainty: It can be uncertain, as tenants may have to move out with little notice, which can be inconvenient and stressful.
  3. Limited security: It do not provide tenants the same level of security and stability as long-term leases, making it difficult to plan for the future.

Month-To-Month lease vs Yearly LeaseĀ 

Here are the key differences between the two:

AspectMonth-to-Month LeaseYearly Lease
Length of AgreementMonth-to-MonthOne year
RenewalRenewable monthlyRenewable yearly
Notice Period for Termination30 days60-90 days
Rent PaymentsMonthlyCan be paid monthly, quarterly, or annually
Rent IncreaseCan be increased monthlyTypically locked in for one year
FlexibilityHighLow
StabilityLowHigh
RiskHigher for the landlord, lower for the tenantLower for the landlord, higher for the tenant
Rent PriceTypically higherTypically lower
Upfront CostsLower upfront costs, such as no security depositHigher upfront costs, such as security deposit
Legal ObligationsLess legally bindingMore legally binding

Month-To-Month Lease vs Fixed-Term LeaseĀ 

Here are the key differences between the two:

AspectMonth-to-Month LeaseFixed-Term Lease
Length of AgreementMonth-to-MonthTypically six months to 1 year
RenewalRenewable monthlyRenewable after the lease term ends
Notice Period for Termination30 daysTypically 60-90 days
Rent PaymentsMonthlyTypically paid monthly
Rent IncreaseCan be increased monthlyTypically locked in for lease term
FlexibilityHighLow
StabilityLowHigh
RiskHigher for the landlord, lower for the tenantLower for the landlord, higher for the tenant
Rent PriceTypically higherTypically lower
Upfront CostsLower upfront costs, such as no security depositHigher upfront costs, such as security deposit
Legal ObligationsLess legally bindingMore legally binding

Frequently Asked Questions (FAQs)

1. Does a month-to-month lease need to be in writing?

It is recommended to have a month-to-month lease agreement in writing to avoid misunderstandings or legal issues. However, oral agreements may be binding in some cases. In addition, some states or municipalities may require a written lease agreement for month-to-month leases to be legally binding, so it's important to check local laws and regulations.

2. Does Section 8 allow month-to-month leases?

Section 8 in the Housing Choice Voucher program, generally allows tenants to enter month-to-month leases. Still, the specific policies may vary by state or local housing authority. So it's best to check with your local housing authority for more information.

3. Do apartments do month-to-month leases?

Some apartments offer month-to-month leases as an option, while others only offer fixed-term leases. It's best to check with the specific apartment complex to see if they offer month-to-month leases.

4. How to find a month-to-month lease?

To find a month-to-month lease, you can start by checking with local property management companies or apartment complexes to see if they offer such leases. You can also search online rental listings or classified ads.