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 New York, 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 landlord or tenant decides to terminate the arrangement. Typically, either party must provide at least 30 days' written notice to the other party to end the tenancy. This notice period is mandated by New York Real Property Law § 232-b for residential tenancies, which requires the notice to be given at least one month before the expiration of the term. For commercial tenancies, the required notice period can vary and should be specified in the lease agreement. 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 under New York law.