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RobertJDFL, Lawyer
Category: Real Estate Law
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Experience:  Experienced in multiple areas of the law.
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Can a landlord give you a 30 Day notice on a month to month

Customer Question

Can a landlord give you a 30 Day notice on a month to month and He gave it to you on the 6th of this month taped to your door?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 1 year ago.

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A thirty day notice must be served at least thirty days in advance of the end of the next full tenancy period. For a tenant who rents from the first to the last day of any given month, this means that the notice must specify that the tenancy will terminate on the last day of the month. In months with 30 days, the notice must be served on or before the last day of the month prior to termination. In months with 31 days, the notice must be served on or before the first day of the month of termination.

In other words, a notice given on August 6th allows you to stay until September 30th, not September 6th.

Service of the Illinois eviction notice may be accomplished by personal service on the tenant, on a subtenant who is at least 13 years of age, or by certified or registered mail. A server may not post the notice on the door or by leaving it in a conspicuous place unless the tenant has abandoned the property and no one is living there.

A copy of the notice that was served and a notarized certificate of service is required to be filed with the court.

Thus, notice was improperly served, and would be grounds for dismissal of the suit in court (it's an affirmative defense to an eviction), and a landlord would then have to re-serve.

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Expert:  RobertJDFL replied 1 year ago.

What other information may I provide you or how can I clarify my answer for you today?