Can an owner ofsalon terminate a verbal booth rental agreement and lock you out without notice?

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Can an owner ofsalon terminate a verbal booth rental agreement and lock you out without notice?

I am a booth renter. The salon owner told me the day of, that I could no longer work there and I need to return her key and vacate now. Her reason is because I was late paying my rent this month. I have always given her my rent check at the end of month. She never said if I didn’t pay her at the beginning I would have to leave. She did however, give me statements (rent is due please submit). But never the consequence if I did not. No late fee or anything. Can she kick me out?

Asked on July 20, 2010 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An oral agreement or lease is enforceable. The issue usually is proving the terms of the agreement without anything in writing.  A course of action or past practice can be used to show the terms, however, and if in the past the owner has consistently accepted a check at the end of the month, that would suggest that the terms of the oral lease included being able to pay by month's end. In that regards, you would seem to not be in breach of the oral lease.  If you're in compliance with a lease, you cannot be evicted at will.

However, an oral lease is month to month, which means that the landlord may give one month's notice that she is not renewing it. Therefore, at best, the landlord (the salon owner) would have to give you one month's notice before ending you tenancy or rental.


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