Understanding your situation
You want to end a month-to-month tenancy and need to give the tenant proper written notice. You may be selling the property, moving in yourself or a family member, renovating, or simply choosing not to continue the tenancy. You need to know the correct notice period for your state and whether any just-cause requirements apply.
What you need to prepare
- ✓Property address and tenant full legal name
- ✓Lease or rental agreement confirming month-to-month status
- ✓Date the tenancy began (affects notice period in some states)
- ✓Your state and city (notice periods and just-cause requirements vary)
- ✓Whether the property is in a rent-controlled or just-cause eviction jurisdiction
⏰ Deadline
Notice must be given at least the required number of days (30/60/90) before the intended termination date. The termination date must fall on the last day of a rental period.
🏛️ Authority
Local housing court. File unlawful detainer action if tenant does not vacate by the termination date.
⚖️ Legal basis
California Civil Code § 1946.1; Texas Property Code § 91.001; New York RPL § 232-a; Florida Statutes § 83.57. Rent-controlled cities have additional requirements.
Expert tips
- 1Check whether your city has a just-cause eviction ordinance — in cities like New York, San Francisco, Los Angeles, and Seattle, you may need a qualifying reason even for a month-to-month tenancy.
- 2California requires 60 days notice for tenants who have lived in the unit for more than one year. Serving a 30-day notice to a long-term tenant invalidates the notice.
- 3The termination date must fall on the last day of a rental period. If rent is due on the 1st, the termination date should be the last day of a month.
- 4Some states require relocation assistance for no-fault terminations in certain properties. Check your local ordinance.
- 5Serve the notice using a method your state recognizes and keep proof of service.