California Month-to-Month Lease Agreement

Month-to-Month Leases in California

In California, a Month-to-Month Lease Agreement is a standardized document that describes the legal relationship between landlords and tenants for month-to-month leases. Unlike fixed-term leases, which have a set end date, month-to-month leases automatically renew each month until either party decides to terminate the agreement with proper notice.

Legal Aspects

Creating a month-to-month lease agreement in California involves providing specific details relevant to the arrangement between the landlord and tenant. Customize our free template with the following information to comply with California state laws and regulations.

Lease Termination Notice

• Either the landlord or the tenant can terminate a month-to-month lease by providing written notice. 
• In California, the notice period is typically 30 days if the tenant has lived in the rental unit for less than one year. 
• If the tenant has lived there for over one year, the notice period is usually 60 days.

Rent Increases

• If the landlord wants to increase the rent, they must provide proper notice. For month-to-month leases, this notice is typically 30 days if the increase is 10% or less of the current rent. For increases over 10%, the notice must be 60 days.

Security Deposits

• The same rules regarding security deposits in fixed-term leases usually apply to month-to-month leases. 
• In California, the landlord must return the security deposit within 21 days of the tenant moving out, along with an itemized statement of deductions, if any.

Tenant Rights

• Tenants have the right to live in a habitable dwelling, and landlords are responsible for maintaining the property in a livable condition. 
• Tenants also have the right to privacy, and landlords must provide notice before entering the rental unit.

Lease Renewal

• A month-to-month lease automatically renews each month unless either the landlord or tenant provides proper notice to terminate the lease.

Written Agreement

• While oral agreements in California are legally binding, it is always advisable to have a written lease agreement. This helps to clarify terms and protects both parties.

Required Disclosures

As a landlord, you must provide certain required disclosures to tenants in California, even for month-to-month lease agreements. These disclosures are intended to inform tenants of their rights and the terms of the lease. They are typically included in the lease or as a separate notice and must be in writing.

• Lead-Based Paint Disclosure
• Megan’s Law Disclosure
• Bed Bug Disclosure
• Water Heater Bracing Disclosure
• Smoke Detector and Carbon Monoxide Detector Disclosure
• Natural Hazard Disclosure