What is a Week-to-Week Rental Agreement?
A week-to-week rental agreement is a flexible, short-term lease document between a landlord and a tenant. A week-to-week rental agreement is similar to the month-to-month rental agreement format except that a week-to-week rental agreement does not have a fixed end date. In contrast to a one-time rental agreement that is initiated for a unit event, this type of rental agreement allows a lessee to lease a unit, on a week-to-week basis, for an extended period of time. This agreement is formatted as a standard rental agreement, with the major distinction that each of the rental payment intervals is defined as "per week," rather than "per month." While the type of rental agreement stipulated can be fairly flexible, the landlord has to bear in mind how to navigate the written rental agreement requirements for the state in which they are doing business.
A week-to-week rental agreement can be used to lease out space that will be occupied fairly frequently, but only for a limited period of time , such as a room in an apartment or house. Tenant protection laws may play a part in shaping the week-to-week rental agreement; for example, a four-day grace period may apply. If the tenant is not up-to-date on payments, a provision could allow for the lease to be terminated. If a tenant were to sign a week-to-week rental agreement, the units provided could be for a furnished or unfurnished room. Since it is an informal rental agreement, the unit could be a nontraditional space, like a warehouse, that needs to be leased out for a limited period of time.
A week-to-week rental agreement can offer some compelling advantages over different types of rental agreements for both tenants and landlords. For example, a week-to-week rental agreement gives the tenant flexibility if it was not possible to commit to a year-long term. A week-to-week rental agreement could also be appealing to a landlord but could come with increased vacancies. It could be used for short-term tenants or to supplement another rental agreement that is already in place.
Key Features of a Week-to-Week Lease
A week-to-week rental agreement typically contains standard clauses to outline and specify the terms of tenancy. These clauses are designed to protect the rights of both landlords and tenants while ensuring compliance with local, state, and federal laws.
Rent is due weekly. The lessee agrees to pay a total rent of $_______ payable on a weekly basis. Rent is due on a __________ basis, with the first payment due on the commencement date of the lease. The landlord reserves the right to increase rent at any time by giving the lessee a two (2) week written notice of the change. Duties of the landlord. The landlord shall be responsible for making necessary repairs to the property within a reasonable time period. The landlord is also responsible for keeping all common areas of the premises clean and in good repair. The landlord must comply with all federal, state, and local building and housing codes relating to health and safety. Duties of the tenant. It is the responsibility of the lessee to keep the property clean and habe habitable condition. The tenant agrees to pay all utility bills for electrical service and natural gas unless otherwise stated in this rental agreement. Term of tenancy. The term of the tenancy shall be for a period of one (1) week beginning on _____________ and ending on _____________. Security deposit. The lessee agrees to pay a security deposit for the full amount of ________. The security deposit must be delivered prior to taking possession of the dwelling. The security deposit is refundable at the end of this tenancy provided that the lessee has not violated any of their obligations, the dwelling is in good condition and the tenant has paid all rent owed and has otherwise complied with this rental agreement. Change of Tenancy provisions. Either party may terminate this agreement for any reason or no reason by giving the other party no less than two (2) weeks written notice.
Pros and Cons
Advantages
The week-to-week rental agreement can be a convenient agreement for both the landlord and the tenant. It allows the landlord to offer an attractive short-term option for tenants who only need a place to stay for a week, and the security of a long-term lease for the tenant.
For example, consider a young woman who needs to stay in town for work after her university classes finish, but has not yet found long-term work for the coming fall. She may choose to enter into an agreement in the month of June that will extend into the month of July, and affording her the option to remain in the unit for the coming several months at a discounted rate. If she accepts a long-term position in August, she can simply notify the landlord of her vacating the unit and seek return of the balance of her security deposit and any drywall that was put on if she did indeed stay to the end of the lease itself.
This kind of arrangement benefits the tenant and the landlord as it does not require a full comprehensive lease arrangement or specialty conditions to be made. Simply a discussion of duration and agreed-upon rent is necessary.
The week-to-week rental agreement can also be beneficial for a tenant who is moving from one jurisdiction to another, or one country to another. Under these circumstances, many people do not know how to negotiate a tenancy agreement that will run over the course of the fall and winter. They are unsure of how long they will be in one location, and therefore, the week-to-week rental agreement is a suitable option because it guarantees accommodation for a period of time.
Disadvantages:
There are certain circumstances where the week-to-week rental agreements can be more disadvantageous for the landlord than a simple tenancy agreement. For example, the week to week rental agreement does not guarantee the landlord a monthly payment, as the minimum time frame is only seven days. If a tenant is late with their rent, the landlord can evict him or her in a shorter time-frame (14 days), as per the notice form.
The week-to-week rental agreement does not afford the landlord a full rental period, nor does it afford him or her the convenience of a designated rental payment date. These circumstances can hamper a landlord’s ability to evict a late-rent payer, as most people pay their rents on the first, and expect conventional reactionary time frames. For example, if a family pays their rent on the first, and is evicted on the second, then they need to vacate by the 14th.
Under a tenancy agreement, this family would receive notice on the 1st, and have until the 15th to vacate. However, under the week-to-week rental agreement, they would only have until the 14th to leave the unit. At best, the landlord receives seven more days of rental income, and in some cases, he or she may not receive anything at all.
The week-to-week rental agreement does not necessarily require the same type of legal oversight as the tenancy agreement does, nevertheless, it may be advisable for a landlord to employ the same kind of diligence when assessing the viability of a potential tenant is as he or she would when negotiating a tenancy agreement. For example, a landlord may wish to run a credit check or seek references about a potential tenant to ensure that he or she is capable of paying the rent and looking after the unit.
The danger of the week-to-week rental agreement is that even if a tenant agrees to pay a certain amount of money on a given day, there is no penalty for them if they do not do so. If a tenant enters a tenancy agreement, his or her security arrangement could be affected. However, for a landlord, the week-to-week rental agreement may not afford the same kind of guarantees. It is for this reason that having a contingency plan, or a clear timeline for the establishment of a full tenancy agreement is essential to minimizing risk.
Legalities and State Regulations
The law can be a little murky when it comes to week-to-week rental agreements. Even though there is some standardized verbiage you can use in your lease, tenant laws are not always necessarily the same from state to state, however. Before we dive into the general guidelines for these agreements, let’s look at the laws that govern the agreements and some things that you should keep in mind. Even though you can use a standard rental agreement for leasing on a weekly basis, it’s important to note that the laws governing rental agreements can vary from one jurisdiction to the next. You should take the time to know your local tenancy laws. You also want to remember that even though you may not have a written lease, if you do not cancel or terminate your verbal agreement, it can turn into a month-to-month tenancy. This can make it more difficult for you to evict your tenant from the home. Once you have a month-to-month lease, your tenant has certain rights like the right to receive a 30-day notice regarding vacating the property. Some states will even require that you provide a 60-day notice. Finally, you also have to consider the paper trail your week-to-week rental agreement leaves behind, which can lead to delays in deciding to take action against the tenant or getting a judge to fine your tenant for not following your rental agreement.
How to Prepare a Week-to-Week Rental Agreement
It’s important for landlords when leasing on a week-to-week basis, to provide tenants with a clear, written rental agreement. Because these agreements are less formal than leases, it’s more important than ever to be thorough and specific to avoid any issues or confusion later.
Your week-to-week rental agreement should include the following:
A clear description of the premises being leased and the condition of that space.
The date the lease will begin and continue. In most areas, either party can terminate the lease by giving 7 days’ notice. However, some cities have stricter laws and may require a 30-day notice. Remember that you may not retaliate against your tenants in any way because they have requested a cleaning, made a repair request, or demanded that you comply with the law.
The amount of the rent and a description of how it is to be paid. Commonly, landlords ask for first and last month’s rent, as well as a security deposit. If the rest of the rent is paid by public assistance (such as Section 8) , you will need to specify in the lease whether or not you want that money sent directly to you or to your tenant. Often, this agreement is breached by the tenant in which case you can refer to the provisions listed in your rental agreement.
Any utilities to be provided by the landlord and how payment will be shared between the tenants and the landlord if there are multiple tenants. Clearly state in the agreement whether the landlord will cover 100% of a utility, such as WiFi, or only a portion. If utilities are to be shared, explain how they will be divided, whether equally among all tenants or based on square footage rented. Some landlords choose to pay the entirety of the costs and add a line item to the monthly rent for their hassle.
Whether pets are permitted, or if the unit is smoke-free. Specify weight limits if necessary.
Whether laundry facilities, refrigerators, and microwaves are included. If the rental units come furnished with any appliances, be sure to list it in your rental agreement so the agreement is enforceable.
Common Pitfalls
Common mistakes with week-to-week rental agreements are often the product of misunderstanding. Some are philosophically based, while others stem from simple poor practices.
Unclear Terms: Rental agreements must spell out each party’s responsibilities clearly, both parties’ rights under the law, and the consequences of violating the rental agreement. Without it—especially in week-to-week rental situations—there can be a lot of questioning on the part of tenants as to what is expected from them and when.
At the very least, a rental agreement should include: "Rental agreement" refers to basic information on the property, plus specific requirements, such as being responsible for damages or having the obligation to tidy up after yourself. It should also include specific behaviors that could lead to an eviction.
No notice periods. The general rules for week-to-week rental agreements require you provide the tenant with 7 days’ notice, while they are required to give you 3 days’ notice. Failure to meet this requirement is a breach of the rental agreement. To avoid complications, tenants and landlords alike should make sure they understand the notice period required, even between tenants of the same property.
No documentation. Verbal leases are almost always thrown out of court. You need to have a proper rental agreement for every tenant, and that rental agreement should be signed by all parties involved.
Ending a Week-to-Week Lease
The lease or rental agreement between the parties can be terminated by either the landlord or tenant, but special provisions in the law apply to week-to-week rental agreements or leases. Pursuant to G.S. 42-14(d) a week-to-week rental agreement can be terminated within seven days by either party for any reason. There is no need for the landlord to show that grounds for eviction exist in order to terminate the rental agreement; however, if a week-to-week rental agreement is terminated by the landlord and the tenant refuses to vacate, the landlord can file a summary ejectment action. If the tenant does not vacate by the date of the complaint, the action will be heard and determined in accordance with G.S. 42-26.
Tenant’s right to terminate a week-to-week rental agreement does not extend to the tenant’s personal property. If the tenant were permitted to unilaterally terminate all lease obligations, including those relating to payment of rent, the only way to hold the tenant legally accountable for the obligation to pay rent would be to sue him or her for damages. This is contrary to the general intent of the statutes which is to provide a simplified, shorter process to recover possession of property unlawfully held after a landlord-tenant relationship has been terminated. The law recognizes the complexity and additional problems that adverse possessor or legal possessor claims can create, and provides the judicial process necessary to resolve them.
When the tenant is required to vacate, G.S. 42-14(d) requires that 7 days advance written notice be provided to the tenant. Notice to vacate should be given to the tenant in person or sent via certified mail. Notice to vacate a premised must be given and counted in 7 day increments. For example, if the notice is given on Monday, the notice expires on the following Sunday. If notice is given on Tuesday, the notice expires on the following Monday. Thus, it a little confusing as to when a week ends and the next begins. The law is not clear as to whether notice can be given on the same day on which the week ends and before it begins again. Best practice is to give notice from one day to the next, i.e., Friday, the week expires on the next Friday; or Saturday, the week expires on the next Saturday. Week to week rental agreements are often the rental agreements of choice for lessors who choose to rent their homes or other real property on a short-term or temporary basis such as through companies like AirBnB.
Frequently Asked Questions
The following is a list of commonly asked questions related to week-to-week, week-to-week rental arrangements:
Q: If I sign a week-to-week rental agreement, will my landlord be able to evict me at any given time, or do I have some sort of protection under the law?
A: The language in a week-to-week rental agreement is critical in determining the rights and obligations of the landlord and tenant. That said, if the landlord demands that the tenant vacate the property, the tenant has five (5) days from the date of notice to either vacate or respond to the landlord’s notice. After five (5) days, if the tenant still refuses to vacate the property, the landlord may file for eviction in District Court.
Q: Are there any other eviction procedures that a landlord may use besides the procedure for week-to-week agreements?
A: Yes, the landlord may also file a summary process action for wrongful withholding of property possession against the tenant who unlawfully refuses to vacate the property pursuant to R.I.G.L. 34-18-37.
Q: When do I have to pay my rent if I am a tenant in a week-to-week rental relationship?
A: Unless stated otherwise in the week-to-week rental agreement , you must pay your rent on or before the due date as stated in the week-to-week rental agreement.
Q: If I want to terminate my week-to-week rental agreement prior to its expiration date, how do I proceed with the termination?
A: If you are the landlord, without cause, you may terminate the week-to-week rental agreement upon seven (7) days written notice to the tenant described in R.I.G.L. 34-18-30. If you are the tenant, without cause, you may terminate the week-to-week rental agreement upon seven (7) days written notice to the landlord described in R.I.G.L. 34-18-31.
Q: What happens if the tenant or landlord fails to comply with the duties or obligations of the week-to-week rental agreement?
A: Either party may commence a civil action for damages resulting from the failure to perform their duties or obligations described in R.I.G.L. 34-18-37. Additionally, the tenant may deposit rent with the court upon the filing of the summary proceeding against the landlord for a violation of the duties and obligations described in R.I.G.L. 34-18-9.