State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy

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In most states, landlords must provide a 30-day notice to terminate a month-to-month tenancy. (There are a few exceptions, such as North Carolina, which requires only 7 days' notice, and Delaware, which requires 60 days' notice.) See the chart below for the rule in your state. Except where noted, the amount of notice a landlord must give to increase rent or change another term of the rental agreement in a month-to-month tenancy is the same as that required to end a month-to-month tenancy. Be sure to check state and local rent control laws, which might have different notice requirements. Also, keep in mind that some states might allow landlords to provide less notice to tenants who have not paid rent or have otherwise violated the lease or rental agreement. This chart also lists how much notice tenants have to give to end a month-to-month tenancy (this is typically the same amount of notice landlords must provide). Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes. In contrast to rental agreements, fixed-term leases usually obligate landlords and tenants to comply with the lease for the entire lease term (typically one year), except in specific cases—for example, if the landlord wants to end the lease because tenant fails to pay rent or the tenant wants to break the lease because the landlord fails to provide habitable housing.

State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy

Alabama

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Ala. Code §§ 35-9A-302, 35-9A-441
• Other notes: A rule or regulation that substantially modifies the tenant's use of the rental isn't valid unless the tenant consents to it in writing.

Alaska

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Alaska Stat. §§ 34.03.130, 34.03.290(b)
• Other notes: After giving reasonable notice, landlords may adopt new rules and regulations that don't substantially modify the rental agreement.

Arizona

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Ariz. Rev. Stat. §§ 33-1342, 33-1375
• Other notes: After giving the tenant 30 days' notice, landlords may adopt new rules and regulations that don't substantially modify the rental agreement.

Arkansas

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Ark. Code § 18-17-704
• Other notes: No state statute on the amount of notice required to change rent or other terms.

California

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30 days to terminate if tenant has lived in property for under 12 months; if 12 months or longer, the landlord must have just cause to terminate. 30-90 days to change terms or increase rent, depending on size of increase.
• Relevant statute(s): Cal. Civ. Code §§ 827, 1946, 1946.2
• Other notes: At least 30 days' notice to change rental terms, but if the change is a proposed rent increase of more than 10% of the rental amount charged to that tenant at any time during the 12 months prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months prior to the effective date of the increase, then an additional 60 days' notice is required.

Colorado

• How many days' notice tenant must give: 21
• How many days' notice landlord must give: 21 if the tenancy has lasted less than 12 months. If the tenant has been in the rental for 12 months or longer, 90 days, and just cause is required to terminate.
• Relevant statute(s): Colo. Rev. Stat. §§ 13-40-107, 38-12-701, 38-12-702, 38-12-1301 to 38-12-1305
• Other notes: No state statute on the amount of notice required to change rent or other terms, unless there is no written agreement, in which case the landlord must give 60 days' notice of a rent increase. For all tenancies, the landlord can increase the rent only once within any 12-month period of consecutive tenancy.

Connecticut

• How many days' notice tenant must give: No rule
• How many days' notice landlord must give: 3
• Relevant statute(s): Conn. Gen. Stat. §§ 47a-9, 47a-23
• Other notes: Landlord must provide 3 days' notice to terminate tenancy. Landlord is not required to give a particular amount of notice of a proposed rent increase unless prior notice was previously agreed upon. If landlord makes a new rule or regulation resulting in a substantial modification of the rental agreement, it is not valid unless tenant agrees to it in writing.

Delaware

• How many days' notice tenant must give: 60
• How many days' notice landlord must give: 60
• Relevant statute(s): Del. Code tit. 25, §§ 5106, 5107
• Other notes: For termination, the 60-day notice period begins on the first day of the month following the day of actual notice. For change of terms, upon receiving notice of landlord's proposed change of terms tenant has 15 days to notify landlord of rejection of those terms and intent to terminate the lease. Otherwise, changes will take effect as announced.

District of Columbia

• How many days' notice tenant must give: 30, but the tenancy won't end until the first day of the first month at least 30 days after the date of the notice.
• How many days' notice landlord must give: 30-120 days, depending on the reason for terminating the tenancy
• Relevant statute(s): D.C. Code §§ 42-3202, 42-3505.01, 42-3505.54(a), 42-3509.04(b)
• Other notes: No rent increases shall be effective until the first day on which rent is normally paid occurring more than 30 days after notice of the increase is given to the tenant. Landlords must have good reason (just cause) to terminate a month-to-month tenancy so long as the tenant is still paying rent.

Florida

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Fla. Stat. § 83.57
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Georgia

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 60
• Relevant statute(s): Ga. Code §§ 44-7-6, 44-7-7
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Hawaii

• How many days' notice tenant must give: 28
• How many days' notice landlord must give: 45
• Relevant statute(s): Haw. Rev. Stat. §§ 521-21(d), 521-71
• Other notes: Landlord shall not increase rent without written notice given 45 consecutive days prior to the effective date of the increase. The landlord may terminate the rental agreement by notifying the tenant, in writing, at least 45 days in advance of the anticipated termination. The tenant may terminate the rental agreement by notifying the landlord, in writing, at least 28 days in advance of the anticipated termination.

Idaho

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month to terminate; 15 or 30 days to change terms of tenancy (see "other notes")
• Relevant statute(s): Idaho Code §§ 55-208, 55-307, 55-314
• Other notes: A "month" means a calendar month. For landlords: 30 days' notice to increase rent, end tenancy, or make changes regarding fees, fines, assessments, interest, or other costs; 15 days' notice to change terms of lease other than rent.

Illinois

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): 735 Ill. Comp. Stat. § 5/9-207
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Indiana

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): Ind. Code §§ 32-31-1-1, 32-31-5-4
• Other notes: Unless agreement states otherwise, landlord must give 30 days' written notice to modify written rental agreement.

Iowa

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Iowa Code §§ 562A.13(5), 562A.34
• Other notes: To end or change a month-to-month agreement, landlord must give written notice at least 30 days before the next time rent is due (not including any grace period). Each tenant shall be notified, in writing, of any rent increase at least 30 days before the effective date. The effective date shall not be sooner than the expiration date of the original rental agreement or any renewal or extension thereof.

Kansas

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Kan. Stat. §§ 58-2556, 58-2570
• Other notes: After the tenant enters into the rental agreement, if a rule or regulation that effects a substantial modification of the rental agreement is adopted, such rule or regulation isn't enforceable against the tenant unless the tenant consents to it in writing.

Kentucky

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Ky. Rev. Stat. §§ 383.610, 383.695
• Other notes: If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of the tenancy, it is not valid unless the tenant consents to it in writing.

Louisiana

• How many days' notice tenant must give: 10
• How many days' notice landlord must give: 10
• Relevant statute(s): La. Civ. Code art. 2728
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Maine

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Me. Rev. Stat. tit. 14 §§ 6002, 6015
• Other notes: Landlord must provide 45 days' written notice to increase rent; 75 days' notice if the increase is 10% or more or when the sum of more than one increase within a 12-month period adds up to 10% or more.

Maryland

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 60
• Relevant statute(s): Md. Code Real Prop., §§ 8-209, 8-402
• Other notes: Before increasing the rent, landlords must give 90 days' notice for tenancies lasting more than a month, 60 days' notice for tenancy terms of one week to one month, and 7 days' notice if the parties have a written lease (21 days if no written lease). These rules do not apply in Baltimore City.

Massachusetts

• How many days' notice tenant must give: See "other notes"
• How many days' notice landlord must give: See "other notes"
• Relevant statute(s): Mass. Gen. Laws ch. 186, § 12
• Other notes: Interval between days of payment or 30 days, whichever is longer.

Michigan

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): Mich. Comp. Laws § 554.134
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Minnesota

• How many days' notice tenant must give: See "other notes"
• How many days' notice landlord must give: See "other notes"
• Relevant statute(s): Minn. Stat. §§ 504B.135, 504B.147
• Other notes: For terminations, the notice period must be the interval between the time rent is due or three months, whichever is less. If the lease provides a notice period for the landlord to end the tenancy that's different from the notice required by the tenant, the tenant can use either time period. The landlord can't give a notice to end the tenancy or raise the rent that is shorter than the time period for the tenant to give notice to end the tenancy.

Mississippi

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Miss. Code § 89-8-19, 89-8-19
• Other notes: No state statute on the amount of notice required to change rent or other terms. A rule or regulation added or changed after the tenancy began is enforceable only if it doesn't substantially alter the terms of the tenancy and only when the landlord has given reasonable notice.

Missouri

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): Mo. Rev. Stat. § 441.060
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Montana

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Mont. Code §§ 70-24-441, 70-26-109
• Other notes: Landlord may change terms of tenancy with 15 days' notice.

Nebraska

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Neb. Rev. Stat. §§ 76-1422, 76-1437
• Other notes: A rule or regulation adopted after the tenant enters into the rental agreement is enforceable if the landlord gives reasonable notice to tenant of its adoption and if it doesn't substantially modify the rental agreement.

Nevada

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Nev. Rev. Stat. §§ 40.251, 118A.300
• Other notes: Landlords must provide 60 days­' notice to increase rent. Tenants 60 years old or older, or physically or mentally disabled, may request an additional 30 days of possession, but only if they have complied with basic tenant obligations as set forth in Nev. Rev. Stat. Chapter 118A (termination notices must include this information).

New Hampshire

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): N.H. Rev. Stat. §§ 540:2, 540:3, 540.11
• Other notes: Landlord may terminate only for just cause. Tenant's termination: If the date of termination given in the notice does not coincide with the rent due date, tenant is responsible for the rent for the entire month in which the notice expires, up to the next rent due date, unless the terms of the rental agreement provide otherwise.

New Jersey

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): N.J. Stat. §§ 2A:18-56, 2A:18-61.1
• Other notes: Landlord may terminate only for just cause. The landlord may only increase the rent at the beginning of the term of the agreement. The landlord cannot increase the rent while an agreement exists. The landlord must offer the tenant the option of entering into a new agreement, at the increased rental rate, after the old agreement expires. If the tenant doesn't sign the new agreement and doesn't move at the expiration of the old agreement, and has been given a valid notice to quit and notice of rent increase, a new tenancy is automatically created at the increased rental rate. New Jersey landlords should check local ordinances, as they might have different rules regarding rent increase notice.

New Mexico

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): N.M. Stat. §§ 47-8-23, 47-8-37, 47-8-15(F)
• Other notes: Landlord must deliver rent increase notice at least 30 days before rent due date. Landlord can change a rule or regulation in force when the tenancy began only after the landlord has given notice. Rules or regulations added after the tenancy began are enforceable only if they do not substantially alter the terms of the tenancy and only when the landlord has given notice.

New York

• How many days' notice tenant must give: One month, within NYC and statewide
• How many days' notice landlord must give: Within NYC and statewide, 30 to 90 days for terminations and rent increases of 5% or more
• Relevant statute(s): N.Y. Real Prop. Law §§ 226-c, 232-b
• Other notes: Terminations and rent increases of 5% over existing rent: Tenants occupying for a year: 30 days' notice. Tenants occupying from one to two years: 60 days' notice. Tenants occupying more than two years: 90 days' notice.

North Carolina

• How many days' notice tenant must give: 7
• How many days' notice landlord must give: 7
• Relevant statute(s): N.C. Gen. Stat. § 42-14
• Other notes: No state statute on the amount of notice required to change rent or other terms.

North Dakota

• How many days' notice tenant must give: One calendar month
• How many days' notice landlord must give: One calendar month
• Relevant statute(s): N.D. Cent. Code §§ 47-16-07, 47-16-15
• Other notes: Landlord may change the terms of the lease to take effect at the expiration of the month upon giving notice in writing at least 30 days before the expiration of the month. Tenant may terminate with 25 days' notice if landlord has changed the terms of the agreement.

Ohio

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Ohio Rev. Code § 5321.17
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Oklahoma

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Okla. Stat. tit. 41, §§ 111, 126
• Other notes: No state statute on the amount of notice required to change rent or other terms. Rules and regulations adopted after the start of the tenancy that substantially modify the terms of the rental are not valid or enforceable unless the tenant agrees in writing.

Oregon

• How many days' notice tenant must give: 30 days, or 72 hours (lack of bedroom exit only)
• How many days' notice landlord must give: Termination: 30 days within the first year (except Portland and Milwaukie, which require a 90 day notice); 90 days after that, only for cause. A landlord with five or more residential dwelling units must also pay tenants the equivalent of one month's rent. Rent increase: See "other notes." Rules and regulations adopted after the start of the tenancy that substantially modify the terms of the rental are not valid or enforceable unless the tenant agrees in writing.
• Relevant statute(s): Or. Rev. Stat. §§ 90.262, 90.275, 90.323, 90.427, 90.460, 91.070
• Other notes: When the rental is in the same building or on the same property as the landlord's residence, and the property has no more than two dwelling units, unique termination periods and notice requirements apply. Temporary occupants are not entitled to notice.

Pennsylvania

• How many days' notice tenant must give: No rule
• How many days' notice landlord must give: 15
• Relevant statute(s): 68 Pa. Stat. § 250.501
• Other notes: At the end of the term or due to a breach of the lease landlord must give 15 days' notice to terminate. If notice to terminate is due to tenant's failure to pay rent, notice required is 10 days.

Rhode Island

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): R.I. Gen. Laws §§ 34-18-16.1, 34-18-25, 34-18-37
• Other notes: Landlord must provide 30 days' notice to increase rent if tenant is age 62 or younger; if tenant is over 62 years old, landlord must provide 60 days' notice. Rules and regulations adopted after the start of the tenancy that substantially modify the terms of the rental are not valid or enforceable unless the tenant agrees in writing.

South Carolina

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): S.C. Code §§ 27-40-520, 27-40-770
• Other notes: Rules or regulations adopted after a tenant enters into a rental agreement are not valid as to such tenant if the rules or regulations substantially modify the tenant's agreement with landlord and after receiving notice upon adoption of his right to object, the tenant objects in writing to the landlord within 30 days after the rules are made.

South Dakota

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: 15 days
• Relevant statute(s): S.D. Codified Laws §§ 43-8-8, 43-32-13, 43-32-15
• Other notes: If tenant (or spouse or minor child) is in active duty in the military, landlord must give two months' notice (unless there is tenant misconduct, a sale of the property, or the property has passed into the landlord's estate). Landlord must give at least 30 days' notice to modify lease (including rent amount). Tenant may terminate lease (effective the first day of the next month) within 15 days of receipt of the notice of modification.

Tennessee

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Tenn. Code §§ 66-28-402, 66-28-512
• Other notes: A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of the rental agreement.

Texas

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): Tex. Prop. Code §§ 91.001, 92.013
• Other notes: Landlord and tenant may agree in writing to different notice periods, or none at all. No state statute on the amount of notice required to change rent or other terms. A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling.

Utah

• How many days' notice tenant must give: No rule
• How many days' notice landlord must give: 15
• Relevant statute(s): Utah Code § 78B-6-802
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Vermont

• How many days' notice tenant must give: One rental period, unless written lease says otherwise
• How many days' notice landlord must give: 30
• Relevant statute(s): Vt. Code tit. 9, §§ 4456(d), 4467
• Other notes: If there is no written rental agreement, for tenants who have continuously resided in the unit for two years or less, 60 days' notice to terminate; for those who have resided longer than two years, 90 days. If there is a written rental agreement, for tenants who have lived continuously in the unit for two years or less, 30 days; for those who have lived there longer than two years, 60 days.

Virginia

• How many days' notice tenant must give: 30
• How many days' notice landlord must give: 30
• Relevant statute(s): Va. Code §§ 55.1-1204, 55.1-1228, 55.1-1253
• Other notes: Rental agreement may provide for a different notice period. When a month-to-month tenant doesn't have a written lease, the law states that the lease is for 12 months by default, and its terms and conditions can be changed only by agreement of the parties. Rules and regulations changed or added after the start of the tenancy are valid only after landlord has given reasonable notice and they do not substantially modify the terms of the tenancy (substantial modifications are enforceable only after tenant has agreed in writing). Terminations of monthly tenancies in a multi-family property: 60 days notice when landlord seeks to terminate 20 or more or 50% of the tenancies within a consecutive 30-day period (does not apply to termination for rent nonpayment).

Washington

• How many days' notice tenant must give: 20 days before the end of the "rental period" (the rental period ends the day before rent is due); tenants who are members of the armed forces (as well as their spouses and dependents) may give less than 20 days' notice if they receive permanent change of station or deployment orders that don't allow a 20-day written notice.
• How many days' notice landlord must give: Landlord must have a just cause, as enumerated in state law, to terminate a month-to-month tenancy, including one that has resulted from a lease-holding tenant remaining with the consent of the landlord (as a month-to-month tenant). Tenants whose leases are for 6 to 12 months may be terminated upon 60 days' notice in advance of the tenancy end date.
• Relevant statute(s): Wash. Rev. Code §§ 59.18.140, 59.18.200, 59.18.650
• Other notes: Landlord must give 60 days' notice to change rent, and any increase in rent may not become effective before the end of the term of the rental agreement, but if the rental is a subsidized tenancy, landlord can give 30 days' notice. If the landlord plans to change rental agreement to exclude children, the landlord shall give tenant at least 90 days' notice. All other changes require 30 days' written notice.

West Virginia

• How many days' notice tenant must give: One month
• How many days' notice landlord must give: One month
• Relevant statute(s): W.Va. Code § 37-6-5
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Wisconsin

• How many days' notice tenant must give: 28
• How many days' notice landlord must give: 28
• Relevant statute(s): Wis. Stat. § 704.19
• Other notes: No state statute on the amount of notice required to change rent or other terms.

Wyoming

• How many days' notice tenant must give: No rule
• How many days' notice landlord must give: No rule
• Relevant statute(s): N/A