California Month-to-Month Rental Agreement

A California month-to-month rental agreement is a legal contract that allows for the rental of residential property on a month-to-month basis, offering both parties flexibility and adaptability.

Both parties are expected to adhere to the state’s tenant-landlord laws and regulations, including those governing habitability, eviction procedures, and fair housing.

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Legal Requirements for Month-to-Month Leases

• Minimum Termination Period: In California, termination notice for a month-to-month lease requires at least 30 days (or 60 days if the tenant has lived there for over a year). Landlords must use certified or registered mail, while tenants can deliver in person, mail to the last known residence, or post a copy on the property. [1]
• Rent Increase: The landlord cannot increase rent by more than 10% total or 5% plus the percentage change in the cost of living, whichever is lower, within a 12-month period. [2]

Required Disclosures

• Disclosure of information on lead-based paint
• Bed bug disclosure
• Disclosure of flood hazard area
• Carbon monoxide and smoke detector addendum
• Disclosure of mold
• Pool and hot tub notice
• Asbestos disclosure
• Shared utilities disclosure
• Notice of illegal substance contamination
• Disclosure of death in rental property
• Ordnance location disclosure
• Notice of intent to demolish
• Notice of foreclosure
• Pest control notice
• Megan’s Law notice
• Move-in/move-out inspection checklist
• Pet addendum
• Smoking policy disclosure
• Just cause and rent limit addendum
• Satellite dish and antenna addendum

Read more about these disclosures on our California lease agreement page.

California Month-to-Month Eviction

Landlords must provide a written notice to evict a tenant on a month-to-month rental. Tenants renting for less than a year must receive a 30-day notice, while those renting for a year or more require a 60-day notice.

The California Eviction Process details the steps for evicting a tenant.

Related Documents

California Rental Application

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1. Cal. Civ. Code § 1946. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946.
2. Cal. Civ. Code § 1947.12(a)(1). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1947.12.&nodeTreePath=8.4.76.3&lawCode=CIV

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