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

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 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 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

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)

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

Arizona

30 days

30 days

Ariz. Rev. Stat. Ann. §§ 33-1342, 33-1375

Landlords may adopt new rules and regulations that don't substantially modify the rental agreement after giving the tenant 30 days' notice.

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 days to terminate; 30-60+ days to change terms or increase rent, depending on size of increase

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

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 30 days' notice is required.

Colorado

21 days

21 days

Colo. Rev. Stat. § 13-40-107

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

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.

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

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, 42-3509.04

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.

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)

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

One month

One month

Idaho Code §§ 55-208, 55-307

Landlords must provide 15 days’ notice to increase rent or change tenancy. A "month" means a calendar month.

Illinois

30 days

30 days

735 Ill. Comp. Stat. § 5/9-207

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

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). 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

30 days

30 days

Kan. Stat. Ann. § 58-2570

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

30 days

30 days

Ky. Rev. Stat. Ann. § 383.695

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.

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

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

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. §§ 76-1422, 76-1437

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

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, 540.11

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

One month

One month

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

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

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, within NYC and statewide

Within NYC and statewide, 30 to 90 days for terminations and rent increases of 5% or more

N.Y. Real Prop. Law §§ 226-c, 232-b

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

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

One month

One month

N.D. Cent. Code §§ 47-16-07, 47-16-15

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

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)

Termination: 30 days' notice within the first year; 90 days' notice after that, only for cause. Rent increase: See comments

Or. Rev. Stat. §§ 91.070, 90.275, 90.323, 90.427, 90.460

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.

No rent increase during the first year of the tenancy. After that, 90 days, and rent cannot be increased more than 7% plus the consumer price index (CPI) above the existing rent during any 12-month period. Landlords are excepted from the 7%+CPI increase limit if either: the unit's first certificate of occupancy was issued less than 15 years from the date of the rent increase notice, or landlord accepts reduced rent as part of a federal, state, or local program or subsidy.

Pennsylvania

15 days

68 Pa. Stat. Ann. § 250.501

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

30 days

30 days

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

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.

South Carolina

30 days

30 days

S.C. Code Ann. § 27-40-770

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

One month

One month

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

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 within 15 days of receipt of the notice of modification.

Tennessee

30 days

30 days

Tenn. Code Ann. § 66-28-512

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

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. 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

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. By operation of law, month-to-month tenant who does not have a written agreement has a 12-month lease, whose terms and conditions cannot be changed except by agreement of the parties.

Washington

20 days; 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.

20 days; when landlord plans to convert apartments to condominiums that are separately owned, or plans to demolish, substantially remodel, or change the use of the premises, the landlord shall provide tenants with at least 120 days' written notice of termination.

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

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

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

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