Can a landlord terminate a month to month lease without cause

A tenant and a landlord can end a tenancy for no reason at the end of a lease or when the tenant is living in the property on a month to month basis. This can be done if the landlord or the tenant give to the other person what is often called a “No Cause” notice.

A no cause notice must be given at the right time. If you have a lease, it will say when you have to let your landlord know you will move out. The lease will also say when a landlord can give you a notice saying you have to move out. If your lease is over and you are a month to month tenant, you must still follow the lease. If you have an oral lease or your lease does not say how much time is needed, you must give your written notice at least 15 days before the end of the month or pay period.

A no cause notice does not allow the landlord or the tenant to end the tenancy in the middle of the month or pay period, unless both parties agree. For example, a 15-day no cause notice given to the tenant on the 24th of the month cannot be used to remove the tenant by the 10th of the following month. The tenant can stay in the property until the end of the next month as long as the rent is paid. However, the tenant can accept the landlord’s offer and move out by the 10th and pay only 10 days of rent.

There are times when a landlord cannot end a month to month tenancy without a good reason. A landlord cannot end the tenancy without a good reason if the tenant lives in some types of public housing. However, the tenant can give a notice to the landlord if there is no lease in effect. If there is a lease in effect, the only way to end tenancy for no reason is if the tenant and the landlord both agree to end the lease.

The information in this site is not intended as legal advice.

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Generally, a landlord may terminate a lease without reason at the expiration of the lease term. That means your landlord is under no obligation to renew your lease or allow you to stay in the property for additional time unless you are able to invoke an anti-retaliation law. Your landlord typically will give you an advance notice that your lease will not be renewed (usually 30 days), but tenants are generally responsible for making arrangements for lease extensions.

See Rental and Lease Agreements for additional articles related to the termination of a lease.

When Your Lease Term Ends

Cases based on landlord tenant law are handled at the state and local level, so laws may differ from state to state. Regardless, it is always best to be in clear communication with your landlord and not wait until the last minute to try and renew a lease. Generally, landlords must not accept rent or agree to new terms beyond the original lease term if they do not wish to renew the lease. Doing so could be interpreted by a court as a default extension of the lease, at least on a month-to-month basis.

Some leases include extension options, which must be exercised in a timely manner so the landlord can prepare for a new tenant. Some states require the landlord to send existing tenants who fail to exercise an extension option a written notice that their lease will come to an end on a given date.

In most cases, staying in a rental property beyond the end of your lease term is grounds for a landlord to file an "unlawful detainer" action and seek a tenant's eviction.

Retaliation

It may be extremely difficult to prove that a landlord acted in retaliation when he or she decided to terminate your lease without a reason, since the actual reason is the end of the term itself. But if you are able to prove that the landlord agreed to a lease extension and then rescinded the extension without notice, leaving you unprepared for an abrupt move, then you may have a valid claim.

See What Kinds of Conduct are Considered Landlord Retaliation? for more details.

Can My Landlord Terminate My Lease Without Reason: Additional Resources

If you have more questions after reading this article, you can do further research by clicking on the links below. You should also strongly consider speaking with a real estate attorney to make sure you are aware of your state's most up-to-date laws.

  • What is the Implied Warranty of Habitability?
  • Landlords' Duties Regarding Repairs, Maintenance, and to Provide Notice to Tenants for Entry
  • Tenant Privacy Rights and the Right to Repairs

Since the tenant/landlord relationship is built around a contract -- namely, the lease agreement -- there are protections for tenants rooted in the law. But this also means that a landlord is only liable for what they've agreed to in the lease agreement. If you have questions about your lease agreement, you may wish to consult with a skilled landlord-tenant attorney near you.

Can a landlord kick you out for no reason in California?

The Tenant Protection Act of 2019 (AB 1482) is a new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. This is called “just cause” protections for eviction.

How much notice does a landlord have to give a tenant to move out in Washington?

Notice Requirements for Washington Landlords A landlord can simply give you a written notice to move, allowing you 20 days as required by Washington law and specifying the date on which your tenancy will end.

How much notice does a landlord have to give a tenant to move out in Virginia?

To end a month-to-month tenancy in Virginia, the landlord must give the tenant a 30-day notice informing the tenant that the tenancy will end at the end of the 30-day time frame.

Can I evict a month

Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.

How much notice does a landlord have to give a tenant to move out in Colorado?

Notice Requirements for Colorado Landlords A landlord can simply give you a written notice to move, allowing you 21 days as required by Colorado law and specifying the date on which your tenancy will end.

Can a landlord end a month

Washington State's 20 day notice rule Landlord's can terminate month-to-month tenancies for non-payment of rent, material breach of the lease agreement, intent to sell or occupy a property or one of the several other reasons listed in RCW 59.18. 650.