What Is a Rental Agreement?
A rental agreement is a month-to-month or week-to-week tenancy that continues automatically until lawfully ended under state and local rules.
A rental agreement, in the everyday sense, is a periodic tenancy: it runs one rental period at a time, usually a month, and continues automatically until lawfully terminated. It has no end date. You can change its terms or end it, and the tenant can end it, subject to the notice requirements of state law and your agreement. For a monthly tenancy that is 30 days in Florida and 1 month in Texas, and up to 60 days in California and 90 days in New York for longer-term tenants.
The other main option is a lease agreement, which locks in terms for a fixed period such as 12 months.
How does the rental period work?
The rental period is the time between rent payments. Monthly payments create a month-to-month tenancy, and weekly payments create a week-to-week tenancy. The period sets three things:
- When rent is due. The agreement names a due date in each period, such as the 1st of every month or every Friday.
- How much notice ends the tenancy. In California and Texas, for example, a tenant's notice to move out is tied to the length of the period.
- How much notice changes the terms. Rent increases and new rules take effect only after the notice period.
If an agreement does not state a term, California presumes the term equals the time between rent payments, so rent paid monthly means a month-to-month tenancy. A periodic agreement can be oral or written, but in California, changing or ending even an oral agreement still takes a properly served written notice.
How much notice do you need to end or change it?
Notice periods are set by state law and sometimes by city ordinance. These are the rules in five large rental states as of October 2026:
| State | Your notice to end a month-to-month tenancy | Your notice to raise rent |
|---|---|---|
| California | 30 days if any tenant has lived there less than 1 year; 60 days if all have lived there 1 year or more. Covered units also need a just cause after 12 months | 30 days for a total increase of 10% or less; 90 days for more than 10%. Combine the proposed increase with other increases during the 12 months before its effective date, measured against the lowest rent charged during that period |
| Florida | 30 days before the end of a monthly period (7 days for week-to-week) | No separate state notice rule |
| New York | 30, 60, or 90 days, depending on whether the tenant has lived there under 1 year, 1 to 2 years, or 2 years or more | Same 30, 60, or 90 days for an increase of 5% or more |
| Texas | At least 1 month, unless a signed agreement sets a different period | No separate state notice rule |
| Washington | A cause listed in RCW 59.18.650 is required in most cases, with notice periods that vary by cause | 90 days; no increase during the first 12 months of the tenancy unless a statutory exemption applies |
The tenant's side differs by state. In California, a tenant gives notice equal to one rental period, so 30 days for a monthly tenancy. Florida and Texas apply the same notice rules to both sides. Washington tenants give at least 20 days' notice before the end of a rental period.
Local rules can be stricter. In New York City and other New York localities that opt in, the Good Cause Eviction Law requires a listed reason to end most covered tenancies, with exemptions such as owner-occupied buildings of 10 or fewer units. Several California cities also have their own just-cause and rent control ordinances.
For the full steps to end a periodic tenancy, see how to end a month-to-month rental agreement.
How do you change the terms of a rental agreement?
Unlike a lease, a periodic agreement lets you change terms without the tenant's signature, as long as you give proper notice. In California, you give written notice at least 30 days before a change to a month-to-month tenancy takes effect, and rent increases follow the 30-day or 90-day rule in the table above. In Washington, a new rule needs 30 days' written notice, and rent increases follow the notice and first-year restrictions in the table above.
To make a change:
- Write the new term (for example, the new rent amount) and the date it takes effect. In Washington, rent-increase notices must substantially follow the statutory form in RCW 59.18.720.
- Set the effective date at least the full notice period after the tenant receives the notice. In Washington, a rent increase cannot take effect before the current rental term ends; a new rule also waits until the term ends unless the tenant agrees to an earlier change.
- Deliver it using a method your state allows, such as personal delivery or mail, and keep a copy with the date of service.
Notice does not override a rent cap. Where a state or city caps annual increases, the cap applies to a month-to-month tenant no matter how much notice you give. The comparison in the advantages and disadvantages of leases and rental agreements covers how those caps and just-cause rules reduce month-to-month flexibility.
When does a lease become a rental agreement?
A lease can turn into a periodic tenancy when the tenant stays after the lease ends and you accept rent. California treats the tenancy as renewed on the old lease's terms, with the period set by how often rent is paid, so monthly rent creates a month-to-month tenancy. Every other term of the expired lease stays in effect until you change it with proper notice.
If you do not want a holdover, decide before the end date. Offer a renewal lease, or tell the tenant in writing that the lease will not be renewed, where your state allows that. In California, lease terms or just-cause protections can also continue the tenancy without rent acceptance.
Is "rental agreement" a different thing from a lease under state law?
Often not. Many landlord-tenant statutes use "rental agreement" to cover both:
- Florida defines a rental agreement to include written agreements of any duration, including amendments or addenda, and oral agreements lasting less than 1 year.
- California's Department of Real Estate guide treats "lease" and "rental agreement" as synonyms and uses "rental agreement" for both.
When a statute sets a rule for "rental agreements," assume it applies to your fixed-term leases too, and read the statute's definitions section to confirm. Because a periodic tenancy runs one period at a time, the rule that leases longer than one year must be in writing does not reach it, so an oral month-to-month agreement is usually enforceable. Proving its terms is the harder part. See whether a verbal rental agreement is legally binding.
Sources
- California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 edition) (California Department of Real Estate)
- Cal. Civil Code section 827, Changing terms and increasing rent in periodic tenancies (California Legislature (via public.law))
- Fla. Stat. section 83.57, Termination of tenancy without specific term (The Florida Senate)
- Fla. Stat. section 83.43, Definitions (Florida Legislature)
- Tex. Prop. Code section 91.001, Notice for terminating certain tenancies (Texas Legislature)
- N.Y. Real Property Law section 226-c, Notice of rent increase or non-renewal (New York State Senate)
- RCW 59.18.140, Changes in rules and rent increase notice (Washington State Legislature)
- RCW 59.18.700, Restrictions on rent increases (Washington State Legislature)
- RCW 59.18.720, Rent increase notice form (Washington State Legislature)
- RCW 59.18.200, Termination of periodic tenancy by tenant (Washington State Legislature)
- RCW 59.18.650, Causes for eviction and notice requirements (Washington State Legislature)
- N.Y. Real Property Law section 214, Good Cause Eviction Law coverage and exemptions (New York State Senate)
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
Rules in your state
State law sets many of the limits and deadlines described above. These pages cite the statute for each state.
More in Lease
Related reading
Free rental property management tools. Manage rentals from your phone.
There are no fees for opening or using Tellus. Available on iOS and Android.