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 Hawaii, a month-to-month tenancy is recognized for both residential and commercial properties. This type of tenancy does not have a specific expiration date and continues until either the tenant or the landlord provides the other with a written notice of termination. Under Hawaii law, the notice period required to terminate a month-to-month lease is generally 45 days for tenants and 30 days for landlords. This is outlined in Hawaii Revised Statutes Section 521-71 for residential tenancies. If a fixed-term lease expires and the tenant remains in the property with the landlord's consent, and rent continues to be paid, a month-to-month tenancy is often presumed to have been established. It's important for both parties to understand their rights and obligations under this arrangement, including the proper procedures for giving notice to terminate the tenancy.