Legal Question in Landlord & Tenant Law in Illinois
I was sent a 30 day notice by my landlord. We went from a 1 year lease to month to month. We have always paid our rent online. What are my legal rights with the 30 day notice and is it legal for him to only give us a 30 day notice? My boyfriend and I have a 1 year old.
3 Answers from Attorneys
Since you are month to month, the proper notice to give is a 30 days notice. If you need more time to move, you should discuss it with your landlord; otherwise, you will have to leave when the 30 days are up.
A 30 day notice is the proper way to terminate a month to month lease. Depending on the reason for the 30 day notice, your landlord may be willing to grant you an extension if you have been a good tenant.
If you had a one-year lease and neither side renewed it, most leases become month-to-month and a 30-day notice is appropriate in such circumstances. Maybe it was your landlord's not particularly friendly way of letting you know you need to re-up or you're out because your landlord needs certainty for the coming year. Butr if the place has already been relet, your options could be limited. So I agree with the others; first start with your landlord. If you get push-back, talk to an attorney who can review your lease, review the notice, see whether all legal formalities were followed, and let you know when the "30 days" are up -- if the notice was not given on the 1st day of a month it is highly possible you may actually have an extra month to stay -- timing is everything!
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