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 Idaho, 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 landlord or the tenant decides to terminate the agreement. Typically, Idaho law requires a 30-day written notice from either party to end the tenancy. This notice period allows the other party sufficient time to make alternative arrangements. If a fixed-term lease expires and the tenant remains in the property with the landlord's consent, and rent continues to be paid monthly, a month-to-month tenancy is often presumed to have been established under Idaho law. It's important for both landlords and tenants to understand that the terms of the original lease may still influence the month-to-month tenancy, especially regarding notice periods and other lease conditions, unless a new agreement is reached.