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

UPDATED: Jul 20, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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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