Can I be changed from a month-to-month tenant to a weekly tenant without my approval?

UPDATED: Jun 17, 2011

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Can I be changed from a month-to-month tenant to a weekly tenant without my approval?

I paid full rent this month and received a receipt that it was paid. I owe $100 from last month and he said he would work with me. Now he wants to tear up my receipt and take his $100 and put me on a higher weekly rate. Can he do that? I live in an efficiency apartment that was converted from an old motel. They are call the Midtown Apartments and advertised as such. No mention is made of weekly rates.

Asked on June 17, 2011 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are a month to month tenant, either party--the landlord or the tenant may terminate the tenancy on a month's notice. Because the landlord may simply terminate the tenancy, it may also change its terms or conditions, such as making it a week to week tenancy or raising the rent, also on one month's notice. The landlord may not make this change retroactively, but as long as it provides the proper notice, it may do it in the future, going forward. So the landlord may not be able to do what it proposes immediately; but it would likely be able to do this in a month, after first giving you notice of its intention to make this change. Generally speaking, month to month tenants have relatively little protection.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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