A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In California, a month-to-month tenancy is recognized for both residential and commercial properties. This type of tenancy does not have a fixed end date and continues until either the tenant or the landlord decides to terminate the agreement. Typically, either party must provide at least 30 days' written notice to the other party to end the tenancy. However, in cities with rent control ordinances, the required notice period may be longer, and landlords may be restricted in their ability to terminate the tenancy without just cause. If a fixed-term lease expires and the tenant remains in the property with the landlord's consent, paying rent on a monthly basis, this can establish a month-to-month tenancy under California law. It's important to note that specific rules can vary based on local regulations, so tenants and landlords should consult with an attorney or review local laws to understand their rights and obligations under a month-to-month tenancy.