Legal Question in Landlord & Tenant Law in Illinois

vacating notice

I recently gave my notice to vacate the rental home i was in I was in the process of purchasing a home. i had called the landlords on the 6th of the month and gave them 30 days notice. i pay from the 1st- the 1st so i am still liable to pay for the 6-8 days into the next month, but the landlord had stated that if she doesn't rent the home that she will keep my deposit for rent since i did not give notice on the 1st. can she do this?


Asked on 10/07/03, 11:22 am

2 Answers from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: vacating notice

Yes she can. Your notice was not given timely. The notice must be given on or before the 1st of the month prior to the month that you are leaving. She does not have to prorate rent for the month. Actually she does not have to apply your security deposit to the last month rent. She could make you pay the additional month, then inspect the house after you leave and if there are repair issues use the deposit to make repairs. So all in all she is being reasonable.

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Answered on 10/07/03, 11:29 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: vacating notice

You are on a month to month tenancy so yes she can. You must give her a month's notice based on your tenancy not based on when you want to move out.

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Answered on 10/07/03, 1:00 pm


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