Lease
Free Month-to-Month Rental Agreement Template
A month-to-month residential rental agreement with rent, deposit, notice to end, entry, repairs and rent change terms, with state-law placeholders.
A month-to-month rental agreement is a residential tenancy that renews each month until either side gives notice to end it. Notice periods, deposit limits and rent-increase notice are set by state and local law, so check your state before filling it in.
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Template
MONTH-TO-MONTH RESIDENTIAL RENTAL AGREEMENT
This Agreement is made on [DATE] between [LANDLORD NAME], [ADDRESS] ("Landlord"), and [TENANT NAME(S)] ("Tenant").
1. PREMISES. Landlord rents to Tenant the residence at [ADDRESS, UNIT] ("Premises"), including [PARKING SPACE, STORAGE, APPLIANCES LISTED].
2. TERM. The tenancy begins on [START DATE] and continues month to month until ended by either party under Section 12.
3. RENT. Rent is [AMOUNT] per month, due on the [1st] day of each month, paid by [METHOD]. Rent for a partial first month is prorated.
4. LATE CHARGE. If rent is not received within [NUMBER] days after the due date, Tenant will pay a late charge of [AMOUNT], which the parties agree is a reasonable estimate of Landlord's costs, subject to any limit under state or local law.
5. SECURITY DEPOSIT. Tenant will pay a security deposit of [AMOUNT], not exceeding the limit allowed by [STATE] law. Landlord will hold and return the deposit, with an itemized statement of any deductions for unpaid rent or damage beyond normal wear and tear, within the time required by law after Tenant moves out and provides a forwarding address.
6. UTILITIES. Tenant pays [LIST]. Landlord pays [LIST].
7. OCCUPANTS AND GUESTS. Only Tenant and [NAMED OCCUPANTS] may live at the Premises. Guests may stay up to [14] nights in any six-month period without Landlord's written consent.
8. USE AND RULES. Tenant will use the Premises only as a residence, follow reasonable building rules provided in writing, and not disturb neighbors.
9. MAINTENANCE AND REPAIRS. Landlord will keep the Premises fit to live in and in compliance with applicable housing codes and will make necessary repairs within a reasonable time after written notice. Tenant will keep the Premises clean and pay for damage caused by Tenant, occupants or guests beyond normal wear and tear.
10. ENTRY. Landlord may enter at reasonable times with at least [24] hours' written notice [or the notice required by state law] for inspections, repairs or showings, and without notice in an emergency.
11. RENT CHANGES. Landlord may change the rent or other terms by giving written notice at least [30/60/90] days in advance, or the longer period required by state or local law.
12. ENDING THE TENANCY. Either party may end the tenancy by written notice given at least [30] days [or the period required by state or local law] before the end of a rental period. Local just-cause eviction or rent-control rules may limit Landlord's right to end the tenancy.
13. PETS. [No pets without Landlord's written consent / Pets allowed under the attached addendum.] Assistance animals are allowed as a reasonable accommodation under fair housing law.
14. SUBLETTING. Tenant may not sublet or assign without Landlord's written consent, which will not be unreasonably withheld [where required by law].
15. MOVE-IN INSPECTION. The parties will complete a move-in condition checklist, signed by both, which will be used at move-out.
16. DISCLOSURES. [Lead-based paint disclosure for housing built before 1978, and any other disclosures required by state or local law.]
17. GOVERNING LAW. This Agreement is governed by the laws of [STATE]. Any provision that conflicts with applicable landlord-tenant law is replaced by the minimum requirement of that law.
GENERAL PROVISIONS
(a) Notices. Notices must be in writing and sent to the addresses or emails above (or as later updated by notice). Email notice is effective when sent, unless the sender receives a delivery failure message.
(b) Entire agreement. This agreement, with any schedules and exhibits, is the entire agreement between the parties on its subject and replaces all prior discussions and agreements on that subject.
(c) Amendments and waivers. Changes must be in writing and signed by both parties. A failure or delay in enforcing any term is not a waiver of it.
(d) Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest of this agreement will remain in effect.
(e) Assignment. Neither party may assign this agreement without the other party's written consent, except to a successor in a merger or sale of substantially all of its business, on notice.
(f) Relationship. Nothing in this agreement creates a partnership, joint venture or agency relationship unless expressly stated.
(g) Counterparts and electronic signatures. This agreement may be signed in counterparts and by electronic signature, each of which is an original and together form one agreement.
(h) Independent advice. Each party has had the opportunity to review this agreement with its own legal counsel and signs it voluntarily.
LANDLORD: _____________________ Date: __________
TENANT: _______________________ Date: __________
TENANT: _______________________ Date: __________
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This free template is provided by ClauseAudit for general informational purposes and is not legal advice. Have it reviewed before use. Replace all [BRACKETED] placeholders.When to use this template
- Renting a home without a fixed lease term.
- After a fixed-term lease ends and the tenant stays on.
- Short or flexible stays where both sides want to end with notice.
How to fill it in
- Check your state and city rules for notice periods, deposit caps, late fees and rent-increase notice first.
- Enter rent, due date, payment method and late fee within legal limits.
- List utilities and who pays each.
- Set entry notice at no less than your state requires.
- Attach a move-in checklist and any required disclosures, such as lead paint for pre-1978 housing.
Key clauses to check
- Notice to end
- Often 30 days, but longer in some states and cities, and just-cause rules may apply.
- Rent changes
- Many states and cities require 30 to 90 days' notice for increases.
- Security deposit
- Many states cap deposits and set return deadlines.
- Entry
- Most states require reasonable notice, often 24 hours.
- Habitability
- The landlord's duty to keep the home fit to live in cannot usually be waived.
State-specific notes: CA, TX, NY, FL, IL
Landlord-tenant rules that affect this template in the five largest states, summarized as of 2025. Laws change and cities add their own rules, so confirm the current law before signing.
California
- Security deposits are capped at one month’s rent for most landlords since July 1, 2024 (AB 12). Certain small landlords may charge up to two months.
- The deposit, with an itemized statement of deductions, must be returned within 21 days after the tenant moves out. Bad-faith retention can cost the landlord up to twice the deposit in penalties.
- Landlords must generally give 24 hours’ written notice before entering, except in emergencies (Civil Code §1954).
- Late fees must be a reasonable estimate of the landlord’s actual costs; large flat penalties are vulnerable.
- Landlords must give 30 days’ notice to end a month-to-month tenancy of under a year and 60 days for longer tenancies. Rent increases over 10% need 90 days’ notice.
- The Tenant Protection Act (AB 1482) caps annual increases for many units at 5% plus inflation (maximum 10%) and requires just cause to end many tenancies after 12 months. Many cities have stricter rent control.
Texas
- Texas sets no statutory cap on security deposits.
- Landlords must refund the deposit, with an itemized list of deductions, within 30 days after the tenant surrenders the premises, once the tenant has given a forwarding address. Bad-faith retention can lead to liability for $100 plus three times the amount wrongfully withheld and attorney’s fees.
- A late fee may be charged only if rent remains unpaid two full days after the due date and the fee is in a written lease. Fees are presumed reasonable up to 12% of monthly rent for buildings with up to four units, or 10% for larger buildings.
- Texas has no general statutory entry-notice period, so the lease controls; include a clear notice term.
- A month-to-month tenancy can generally be ended with at least one month’s written notice, unless the parties agree otherwise in writing.
- Landlords must make diligent efforts to repair conditions that materially affect health or safety after proper notice, and tenants cannot waive this in most cases.
New York
- Security deposits are capped at one month’s rent statewide (Housing Stability and Tenant Protection Act of 2019).
- The deposit, with an itemized statement, must be returned within 14 days after the tenant moves out, or the landlord may lose the right to keep any of it.
- Late fees are limited to the lesser of $50 or 5% of monthly rent, and only after rent is at least five days late.
- Landlords must give 30, 60 or 90 days’ notice (depending on whether the tenant has lived there under one year, one to two years, or over two years) before not renewing or raising rent by 5% or more.
- Rent-stabilized units follow separate rules, and New York City and some other localities have Good Cause Eviction protections that limit non-renewals and large increases.
- State law requires reasonable notice before non-emergency entry; 24 hours is common practice.
Florida
- Florida sets no statutory cap on deposits, but the lease must disclose how and where the deposit is held (Fla. Stat. §83.49).
- Within 15 days after move-out the landlord must return the deposit, or within 30 days give written notice by certified mail of any claim against it. The tenant then has 15 days to object.
- Landlords must give reasonable notice before entry for repairs; current law sets at least 24 hours. Verify the current requirement.
- A month-to-month tenancy requires at least 30 days’ written notice to end, under the 2023 change to Florida law.
- Florida does not set a statutory late-fee cap; fees must be in the lease and reasonable.
- State law generally preempts local rent control, so rent increases at renewal are governed by the lease and notice terms.
Illinois
- Illinois has no statewide deposit cap.
- For buildings with five or more units, landlords must give an itemized statement of deductions within 30 days and return the balance within 45 days. Buildings with 25 or more units must pay interest on deposits held over six months.
- A month-to-month tenancy generally requires 30 days’ written notice to end.
- Illinois has no general statewide entry-notice statute; Chicago requires two days’ notice under its Residential Landlord and Tenant Ordinance.
- Chicago’s ordinance adds strict deposit handling, interest and receipt rules, and limits late fees (a set amount on the first $500 of rent plus a percentage of the excess). Check local ordinances in Evanston, Mount Prospect and other cities.
Another state? See the rules for all 50 states and DC.
Frequently asked questions
How much notice is needed to end a month-to-month lease?
Often 30 days in the US, but some states and cities require more, especially for landlords or long tenancies.
Can a landlord raise rent on a month-to-month tenancy?
Yes, with written notice, usually 30 to 90 days depending on state and local law, and subject to any rent control.
Is a month-to-month rental agreement legally binding?
Yes. It is a lease that renews monthly and is governed by state landlord-tenant law.
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This free template is general information, not legal advice, and is no substitute for a qualified attorney. Laws vary by state; have it reviewed by a lawyer before you use or sign it.