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 Virginia, a month-to-month tenancy is recognized by law and can be established either explicitly through an agreement or implicitly when a tenant remains in the property after the expiration of a fixed-term lease and continues to pay rent. This type of tenancy offers flexibility to both the landlord and the tenant, as it does not have a specific end date. However, it requires either party to provide a 30-day written notice to the other party to terminate the lease. This notice period is designed to give the other party sufficient time to make alternative arrangements. The rules governing month-to-month tenancies in Virginia apply to both residential and commercial leases. It's important for both landlords and tenants to understand that the terms of the original lease may continue to govern the month-to-month tenancy, unless they are explicitly altered by mutual agreement.