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

In most states, landlords must provide 30 days' notice to end a month-to-month tenancy. (There are a few exceptions, such as North Carolina, which requires only seven 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 may have different notice requirements. Also, keep in mind, that landlords may provide less notice for tenants who have not paid rent or have otherwise violated the lease or rental agreement.

This chart also lists the amount of notice tenants must provide 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 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

State

Tenant

Landlord

Statute

Comments

Alabama

30 days

30 days

Ala. Code § 35-9A-441

No state statute on the amount of notice required to change rent or other terms

Alaska

30 days

30 days

Alaska Stat. § 34.03.290(b)

Arizona

30 days

30 days

Ariz. Rev. Stat. Ann. § 33-1375

Arkansas

30 days

30 days

Ark. Code Ann. § 18-17-704

No state statute on the amount of notice required to change rent or other terms

California

30 days

30 or 60 days

Cal. Civ. Code § 1946; Cal. Civ. Code § 827a

30 days to change rental terms, but if landlord is raising the rent, tenant gets 60 days’ notice if the sum of this and all prior rent increases during the previous 12 months is more than 10% of the lowest rent charged during that time. 60 days to terminate (landlord), 30 days (tenant).

Colorado

21 days

21 days

Colo. Rev. Stat. § 13-40-107

Connecticut

3 days

Conn. Gen. Stat. Ann. § 47a-23

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.

Delaware

60 days

60 days

Del. Code Ann. tit. 25, §§ 5106, 5107

After receiving notice of landlord’s proposed change of terms, tenant has 15 days to terminate tenancy. Otherwise, changes will take effect as announced.

District of

Columbia

30 days

30 days

D.C. Code Ann. § 42-3202

No state statute on the amount of notice required to change rent or other terms

Florida

15 days

15 days

Fla. Stat. Ann. § 83.57

No state statute on the amount of notice required to change rent or other terms

Georgia

30 days

60 days

Ga. Code Ann. §§ 44-7-6, 44-7-7

No state statute on the amount of notice required to change rent or other terms

Hawaii

28 days

45 days

Haw. Rev. Stat. §§ 521-71, 521-21(d)

Idaho

One month

One month

Idaho Code §§ 55-208, 55-307

Landlords must provide 15 days’ notice to increase rent or change tenancy.

Illinois

30 days

30 days

735 Ill. Comp. Stat. § 5/9-207

Indiana

One month

One month

Ind. Code Ann. §§ 32-31-1-1, 32-31-5-4

Unless agreement states otherwise, landlord must give 30 days’ written notice to modify written rental agreement.

Iowa

30 days

30 days

Iowa Code Ann. §§ 562A.34, 562A.13(5)

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).

Kansas

30 days

30 days

Kan. Stat. Ann. § 58-2570

No state statute on the amount of notice required to change rent or other terms

Kentucky

30 days

30 days

Ky. Rev. Stat. Ann. § 383.695

Louisiana

10 days

10 days

La. Civ. Code Art. 2728

No state statute on the amount of notice required to change rent or other terms

Maine

30 days

30 days

Me. Rev. Stat. Ann. tit. 14 §§ 6002, 6015

Landlord must provide 45 days’ notice to increase rent.

Maryland

One month

One month

Md. Code Ann. [Real Prop.] § 8-402(b)(3), (b)(4)

Two months’ notice required in Montgomery County (single-family rentals excepted) and Baltimore City.

Massachusetts

See comments

See comments

Mass. Gen. Laws Ann. ch. 186, § 12

Interval between days of payment or 30 days, whichever is longer.

Michigan

One month

One month

Mich. Comp. Laws § 554.134

Minnesota

See comments

See comments

Minn. Stat. Ann. § 504B.135

For terminations, interval between time rent is due or three months, whichever is less; no state statute on the amount of notice required to change rent or other terms

Mississippi

30 days

30 days

Miss. Code Ann. § 89-8-19

No state statute on the amount of notice required to change rent or other terms

Missouri

One month

One month

Mo. Rev. Stat. § 441.060

No state statute on the amount of notice required to change rent or other terms

Montana

30 days

30 days

Mont. Code Ann. §§ 70-24-441, 70-26-109

Landlord may change terms of tenancy with 15 days’ notice.

Nebraska

30 days

30 days

Neb. Rev. Stat. § 76-1437

No state statute on the amount of notice required to change rent or other terms

Nevada

30 days

30 days

Nev. Rev. Stat. Ann. §§ 40.251, 118A.300

Landlords must provide 45 days’ notice to increase rent. Tenants 60 years old or older, or physically or mentally disabled, may request an additional 30 days’ 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

30 days

30 days

N.H. Rev. Stat. Ann. §§ 540:2, 540:3

Landlord may terminate only for just cause.

New Jersey

One month

One month

N.J. Stat. Ann. §§ 2A:18-56, 2A:18-61.1

Landlord may terminate only for just cause.

New Mexico

30 days

30 days

N.M. Stat. Ann. §§ 47-8-37, 47-8-15(F)

Landlord must deliver rent increase notice at least 30 days before rent due date.

New York

One month

One month

N.Y. Real Prop. Law § 232-b

No state statute on the amount of notice required to change rent or other terms

North Carolina

7 days

7 days

N.C. Gen. Stat. § 42-14

No state statute on the amount of notice required to change rent or other terms

North Dakota

30 days

30 days

N.D. Cent. Code §§ 47-16-15, 47-16-07

Tenant may terminate with 25 days’ notice if landlord has changed the terms of the lease.

Ohio

30 days

30 days

Ohio Rev. Code Ann. § 5321.17

No state statute on the amount of notice required to change rent or other terms

Oklahoma

30 days

30 days

Okla. Stat. Ann. tit. 41, § 111

No state statute on the amount of notice required to change rent or other terms

Oregon

30 days or 72 hours (lack of bedroom exit only)

Landlord may not increase the rent during the first year, and must give 90 days’ notice for any rent increases thereafter.

Or. Rev. Stat. §§ 91.070, 90.427, 90.460

To terminate, 30 days for occupancies of one year or less; 60 days for occupancies of more than one year (but only 30 days if the property is sold and other conditions are met). Tenant may terminate on 72 hours’ notice if landlord’s failure to provide proper bedroom emergency exit, properly noticed, has not been corrected. Temporary occupants are not entitled to notice. (Or. Rev. Stat. § 90.275.)

Pennsylvania

No statute

Rhode Island

30 days

30 days

R.I. Gen. Laws §§ 34-18-16.1, 34-18-37

Landlord must provide 30 days’ notice to increase rent.

South Carolina

30 days

30 days

S.C. Code Ann. § 27-40-770

No state statute on the amount of notice required to change rent or other terms

South Dakota

One month

One month

S.D. Codified Laws Ann. §§ 43-32-13, 43-8-8

If tenant (or spouse or minor child) is in the active duty in the military, landlord must give two months’ notice, in the absence of tenant misconduct, sale of the property, or passing of the property into the landlord’s estate.

Tennessee

30 days

30 days

Tenn. Code Ann. § 66-28-512

No state statute on the amount of notice required to change rent or other terms

Texas

One month

One month

Tex. Prop. Code Ann. § 91.001

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

Utah

15 days

Utah Code Ann. § 78B-6-802

No state statute on the amount of notice required to change rent or other terms

Vermont

One rental period, unless written lease says otherwise

30 days

Vt. Code Ann. tit. 9, §§ 4467, 4456(d)

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

30 days

30 days

Va. Code Ann. §§ 55-248.37, 55-248.7, 55-225.32

Rental agreement may provide for a different notice period. No state statute on the amount of notice required to change rent or other terms, but landlord must abide by notice provisions in the rental agreement, if any.

Washington

20 days

20 days

Wash. Rev. Code Ann. §§ 59.18.200, 59.18.140

Landlord must give 30 days’ notice to change rent or other lease terms.

West Virginia

One month

One month

W.Va. Code § 37-6-5

No state statute on the amount of notice required to change rent or other terms

Wisconsin

28 days

28 days

Wis. Stat. Ann. § 704.19

No state statute on the amount of notice required to change rent or other terms

Wyoming

No statute

Updated: November 2017

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