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 Utah, a month-to-month tenancy is recognized by law and can be established either explicitly through an agreement or implicitly when a tenant remains in the property after the expiration of a fixed-term lease and continues to pay rent. Utah Code Ann. § 78B-6-802 generally requires a notice of at least 15 days before the end of any month to terminate a month-to-month tenancy for properties with no specified duration. However, local ordinances may impose different notice requirements, so it's important to check the specific regulations in the area where the property is located. Both residential and commercial leases can operate on a month-to-month basis. The notice to terminate must be in writing and should be delivered in a manner that can be proven, such as certified mail or personal delivery, to ensure legal validity.