A California month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
For information about fixed-term leases in California (i.e., a term of one year or more), click here .
In California, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context. Parties under a month-to-month lease enjoy full rights under California landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease. The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
California lets both a landlord terminate a month-to-month lease with at least 60 days of advance notice, and tenants may terminate with at least 30 days of advance notice. [1] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
California requires written notice to end a month-to-month lease.
California requires that notice for a rental increase be delivered in writing, 30 days in advance for increases that total less than 10% across the past 12 months, 90 days in advance otherwise. [2]
California tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in California typically take five to eight weeks.
For more information on the eviction process in California, click here .
1 Cal. Civ. Code § 1946.1(a) & (b) (a) Notwithstanding Section 1946 , a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945 , at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. Source Link 2 Cal. Civ. Code § 827(b)
(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(3) (A) If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply.
How does a month-to-month lease work in California? How does a month-to-month lease work in California? In California, a month-to-month lease means that a tenant only lives in the rental unit for one month at a time, and the landlord or tenant may choose to end the lease at any time as long as proper notice is given. A security deposit is required. Read more » How many days’ notice is required to terminate a month-to-month lease in California? How many days’ notice is required to terminate a month-to-month lease in California? 30 day’s notice is required to terminate a month-to-month lease in California if the tenant has resided in the unit for one year or less. For tenancies of more than one year, 60 days’ notice is required. Read more » How do I terminate a month-to-month lease in California? How do I terminate a month-to-month lease in California? In California, either the landlord or tenant must provide written notice to terminate the tenancy. The amount of notice required will depend on how long the tenant has resided in the rental unit, and whether or not the tenant is being evicted for violating a lease provision. Read more »
