Here is a debate Question:  What is the best Lease Agreement to use?  A month to month or Annual?

I will start off.  

I prefer to have a Month to Month Rental Agreement. The reason being is that if it doesn't pan out,  all you have to do is give them a 30 day notice or a 60 day or a 90 day notice, depending on your state law.  

If you have an Annual Rental Agreement, then you are stuck with each other.  Now, the Pro's about having an Annual Rental Agreement is that you are somewhat assured of having a tenant for a full year.  However, not always, because a lot of times tenants want to leave before their Annual Lease expires. 

Many times landlords find some tenants hard to deal with and wished they had them on a month to month rental agreement, because they maybe controlling, or a pain in the rump,  always complaining.  Many issues.  

I see it this way.  Why complicate matters by having someone sign a lease for a year, when in the end, you don't have as much confident they will stay a year any more than a tenant staying on a month to month.  I have had month to month tenants who stayed for as long as 17 years.  Most of my tenants are long term, month to month tenants.  They usually stay a long time because they can leave any time they want and they feel more relaxed.

Even though the courts will hold a tenant responsible for the rent on an Annual Rental Agreement for the entire length of the lease,  the courts will also hold the Landlord for trying to rent out the property and show a strong effort to do so.   Both parties need to make an effort to rent the property out again.   And the Judge will decide which party didn't try so hard and award a Judgment accordingly.

I like to make my life simple.  Therefore, I always do a month to month rental agreement.

Nancy Neville

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