Legal Question in Real Estate Law in Illinois

We have no lease but have occupied and paid rent for over a year at our residence. Our rent is current. Our landlord suddenly with a 7 day notice asked for $3200. one month rent plus a security deposit or will terminate residency. what are our rights or hers? We paid $1600. of that as usual, but dont have double that with such a short notice and her lease terms are unreasonable as well. So my question is how long do we have legally if we keep current on our rent, as we have!?

Asked on 7/30/18, 2:58 pm

1 Answer from Attorneys

You may have been in the house over a year, but without a lease paying monthly, 99.99999% to 1 a court would say you have an oral, month-to-month tenancy. That being said, the landlord can't jack you up weekly, or on 7 days' notice, unless there is some local ordinance allowing that. The landlord must give you 30 days' notice, and that must be no later than the rent payment date or it skips a month. Example: You pay rent July 1 and landlord handles you notice that August will be more money. That's ok since there are at least 30 days before the next (August 1) rent date. Alternate example: You pay rent July 1 and the landlord hands you a notice on the 15th that August will be more money. THIS is no good. Since there are less than 30 days before August rent is due, the notice would be effective ONLY for September. However, in your case if the landlord gets the notices correct, and you don't reject it and don't move out you could be liable for an eviction at the higher rate.....

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Answered on 7/31/18, 2:20 pm

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