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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9889
Experience:  Commercial and residential leases in NY & NJ & US
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I have a tenant who was renting month to month. Payments per

Customer Question

I have a tenant who was renting month to month. Payments per the lease were due on 1st of the month for 30 days.
They moved out but gave me notice in late October and left November 15. I want to confirm that in Illinois the notification period is 1 month following the month of notification.
Therefore, if I was notified in October of 2015 then the tenant is responsible for rent thru November 30, 2015. Is that correct?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 11 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

When in October did they give you notice that they would be moving out? Did they say when they planned to leave the apartment?

Customer: replied 11 months ago.
October 20th they indicated they would be leaving.They notified me November 8th of their move out date would be November 15th.Before that they gave no timeline.
Expert:  Richard - Bizlaw replied 11 months ago.

Here is where I think you stand. Stat. 735 IL 5/9-207 says that th elandlord has to give 30 days notice of a hold over tenant to vacate. (735 ILCS 5/9-213 provides that a lease that terminates by its term no notice is required. Taking these together a month to month automatically renew unless terminatred by either party. Since the tenancy does not end until the end of the monyh snf does not terminate unless notice of termination is given, the notice of termination must be 30 days before the end of the month in shi h the tenancy ends. In your situation, the tenant had to give you 30 days notice before October 30 to leave before Oct. 30. Once they gave notice in mid Oct. they remained tenants until NOv. 30. Even if they left in mid Nov. they are still liable for the entire .month of Nov.

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Expert:  Richard - Bizlaw replied 11 months ago.

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