How Do You End a Month-to-Month Rental Agreement?

In most states, you or your tenant may end a month-to-month tenancy with appropriate notice. Most jurisdictions do not require you to provide a reason for ending the month-to-month tenancy; all you need to do is give the tenant a written notice to vacate the property. This notice must give your tenant sufficient time to move out; minimum requirements are set by your lease, State or local laws (usually 30 days). The notice should indicate the date of termination of the tenancy. In some states, especially those with rent control, landlords can only terminate a tenancy for some specific reasons set out by law. If you want a tenant to move due to a violation of rental obligations specified in the rental agreement, the required period for notification may be shorter. You may want to consult a landlord's association, a local rent control board, or your State statutes to determine if your area requires any special formats and instructions on how to deliver the notification.

Tenants usually must give you at least 30 days' notice to end a month-to-month tenancy. For your benefit, it is best to have the tenant give written notice of termination. If you collected "last month's rent" when the tenant moved in, you are legally obligated to use this money for the last month's rent. Once the tenant has provided you with notification of intent to move, your acceptance of rent beyond the move date may cancel the termination notice and create a new month-to-month tenancy. If a tenant fails to give you proper notice or simply leaves the rental unit, the tenant probably is still obligated to pay rent through the end of the required notice period, though you may need to use your best efforts to lessen any damages caused by the early vacancy.