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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33791
Experience:  Attorney for over 15 years, landlord 26 years
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In the city of Chicago can a person move out of an apartment

Customer Question

In the city of Chicago can a person move out of an apartment without 30 days notice if there is no lease and no deposit? (Landlord died, rent has been paid continuously even tho the attorney returned the original deposit. New landlord not renewing lease yet, and not maintaining the original terms of the original lease.) If a new place can be found on short notice is there a requirement for 30 days notice?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If there is no written lease that is in force for a fixed term, then the lease defaults to a month to month tenancy by law. Either party can terminate the tenancy with proper notice as required by state law. In IL, either party can terminate with a written 30 day notice delivered to the other party specifying the date on which the tenancy will end.

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After giving notice, the landlord would then only be able to demand rent for the next 30 days and the tenancy would then terminate.

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But if the tenant doesn't give a 30 day notice, the landlord could sue them and hold them liable for up to one more month's rent under a breach of contract claim.

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thanks

Barrister

Customer: replied 1 year ago.
For example, Giving notice on Nov 24, ....30 days from that includes 1 week that is already paid, and the landlord deserves another 3 weeks rent?? Move out date being Dec 24???
Expert:  barristerinky replied 1 year ago.

Correct. Absent any specific requirement in the lease that notice has be given prior to the first of the month to be effective on the 1st, the 30 day starts running the day after it is delivered to the landlord or tenant with the tenant being liable for rent for the entire notice period. If it included some time that had already been paid for, then any remaining rent for the next month should be prorated.

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thanks

Barrister

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