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 Delaware, a month-to-month tenancy is recognized for both residential and commercial properties. This type of tenancy does not have a fixed end date and continues until either the tenant or the landlord decides to terminate the agreement. The tenant agrees to pay rent on a monthly basis. To end a month-to-month tenancy, Delaware law typically requires that the party wishing to terminate the tenancy must provide the other party with a 60-day written notice if it's a residential lease, as per Title 25, Section 5106 of the Delaware Code. For commercial leases, the notice period may vary and should be specified in the lease agreement; if not, the same 60-day rule is generally applied. If a fixed-term lease expires and the tenant remains with the landlord's consent, paying rent without signing a new lease, a month-to-month tenancy is often presumed to have been established under Delaware law.