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 North Dakota, a month-to-month tenancy is recognized as a form of periodic tenancy where the tenant occupies the property with no definite end date and pays rent on a monthly basis. This type of tenancy can be established for both residential and commercial properties. Under North Dakota law, either the tenant or the landlord can terminate a month-to-month tenancy by providing the other party with a 30-day written notice. This notice period is required to end the tenancy and must be given before the rent is due. If a fixed-term lease expires and the tenant continues to live in the property and pay rent without signing a new lease, a month-to-month tenancy is often presumed to have been created. The terms of the original lease may continue to apply to the extent that they are compatible with a month-to-month arrangement.