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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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