Legal Question in Landlord & Tenant Law in Illinois

30 Day notice?

In July 2004, we rented a house, without a lease agreement.

However we were led to believe that they desired long term renters.

0n April 4, 2005 we were served a 30 day notice that we must be out of the house by 4 May, 2005.

Now we are in the process of trying to obtain a home loan.

There are a few minor credit report problems that the mortgage company is trying to clear for us. Once this is done then we can begin the loan process, which in itself could last 30 days. (more or less)

If we knew now if the loan was a no go, there would be no problem. We would find a new place to rent and move. However if the loan ends up being ''good to go'' we would have to move back to back in a matter of a few weeks,providing we can find a landlord willing to rent for a month or less.

How long can we legally stay here? What other rights do we have? We have made all our payments on time. The reason we are being forced out is so another family member of thiers can move in.

Thank You!


Asked on 4/04/05, 6:38 pm

1 Answer from Attorneys
Michael Perez Law Office of Michael A. Perez

Re: 30 Day notice?

The landlord is required to give you 30 days notice PRIOR to the termination of your month to month tenancy. If your rent is due on the 1st of the month than the notice they gave you for the 4th of May is not valid. To have had you move by May 1st they would have had to give you a notice by April 1st.

My answer changes if the rent is due on a differnt day of teh month. This answer assumes the rent is due on the first.

You landlord cannot make you leave before My 31. However, if you are in the apartment for any period time after the first of the mon than you owe for the whole month, even if you stay for on a day or two. This also means that if you pay for a full month then you can stay for a full month.

Don't forget you must pay rent for May. Your security deposit is not rent. If you fail to pay the rent for May you will receive a 5-day notice to quit the apartment and an eviction notice soon thereafter.

Good luck but your landlord oops this situation. Call me if you have further questions.

Michael A. Perez

773 772-8989

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Answered on 4/04/05, 10:52 pm


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