A monthly tenancy is one made for a month only. It is self-renewing, however, from month to month unless notice is given by the landlord to the tenant of his intention to terminate it. The tenant need give no notice but may remove at the end of any month. At one time in New York, the notice required to be given by a landlord was five days. This was later increased to twenty days and more recently to the present requirement of thirty days. After notice to quit has been given by a landlord the tenant who fails to remove is known as a hold-over tenant and a summary proceeding to recover possession can be brought against him.
In New York State, by a recent decision a distinction has been made between a monthly tenancy and a month to month tenancy. The latter has been held to be strictly a tenancy for the month only, but self-renewing unless notice to quit has been given. On the other hand, the monthly tenancy is considered to be one made for an indefinite period but calling for installments of rent payable monthly.
In States other than New York, it is a rule that notice to quit is coincident with the length of the period of tenancy and also that the requirement of notice is reciprocal.