A Illinois month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
For information about fixed-term leases in Illinois (i.e., a term of one year or more), click here .In Illinois, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context. Parties under a month-to-month lease enjoy full rights under Illinois landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease. The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Illinois lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. [1] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Illinois requires written notice to end a month-to-month lease.
Illinois requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Illinois is 30 days. [1]
Illinois tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Illinois can take as few as two weeks, but also as long as five months or more.
For more information on the eviction process in Illinois, click here .
(a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days’ notice, in writing, and may maintain an action for eviction or ejectment.
(b) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for eviction or ejectment.
(a) At the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with:
(1) the Illinois Emergency Management Agency pamphlet entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency; (2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and (3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f). (b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant’s radon test provides a result in excess of the Illinois Emergency Management Agency’s recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.
How does a month-to-month lease work in Illinois? How does a month-to-month lease work in Illinois? In Illinois, a month-to-month lease is automatically renewed every month unless the landlord or tenant chooses to terminate the lease. Prior written notice must be provided, but the lease may be terminated at any time and for any reason. Read more » How many days’ notice is required to terminate a month-to-month lease in Illinois? How many days’ notice is required to terminate a month-to-month lease in Illinois? 30 days’ written notice is required to terminate a month-to-month lease in Illinois. This notice may be provided by the landlord or the tenant at any time and for any reason. If the tenant has violated the lease, the required notice period will vary. Read more » How do I terminate a month-to-month lease in Illinois? How do I terminate a month-to-month lease in Illinois? Terminating a month-to-month lease in Illinois is simple; you provide the other party with at least 30 days’ written notice. This may be done at any time, and for any reason by either the landlord or the tenant. Read more »
