House & Apartment

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When the move-out date of a lease is getting near, the landlord and tenant should talk about whether they want to renew the lease.In Chicago, a landlord cannot ask the tenant to renew more than 90 days before the lease ends. Also, if the tenancy is less than 6 months, the landlord must let the tenant know 30 days before the lease ends if the landlord doesn't want to renew the lease. Otherwise, the tenant gets to stay another 60 days. (Note: The 30 and 60 days only applies to tenancies less than 6 months. For tenancies 6 months-3 years, must give 60 days notice or tenant can stay for 60 days. For tenancies over 3 years, must give 120 days notice or tenant can stay for 120 days.) In Urbana, the landlord must let the tenant know a month before the lease ends if they do not want to renew the lease. Otherwise, the tenant can stay another month. In Evanston, the landlord must give the tenant 30 days written notice if they do not want to renew the lease. Otherwise, the tenant can stay another 2 months. In Cook County, a landlord cannot ask the tenant to renew more than 60 days before the lease ends. If a landlord violates this notice, the tenant recover one months rent or damages, whichever is greater. Also, the landlord must let the tenant know 60 days before the lease ends if the landlord doesn't want to renew the lease. Otherwise, the tenant gets to stay 120 days. This notice period does not apply to Chicago, Evanston, Oak Park, and Mount Prospect. In Oak Park, a landlord cannot ask the tenant to renew more than 60 days before the lease ends. If a landlord violates this notice, the tenant recovers one months rent or damages, whichever is greater. Also, the landlord must let the tenant know 60 days before the lease ends if the landlord doesn't want to renew the lease. Otherwise, the tenant gets to stay 120 days.

Normally, neither the tenant nor the landlord can change their mind and get out of the lease before it ends, unless the other side agrees. But both parties can agree to end the lease early by a written agreement. If no agreement is reached, the tenant must pay rent for the full lease term, even if they move out. To avoid a total loss, the tenant might also be able to sublease the unit to someone else.

A tenant may break the lease for serious problems with the property that make living in there very difficult. The legal term for this is the warranty of habitability. If a landlord breaks it, the tenant can move out. But try to talk to a lawyer first before doing this to make sure your rights are protected. In Chicago, there is a local law that protects tenants when they need to move out due to living conditions. A new law passed in Cook County gives renters new rights for their living conditions.

There is also a rare exception for tenants in the armed services. They can end a lease if they receive a permanent change of station or a deployment order that will last at least 90 days.

If a written lease does not auto-renew, the tenant needs to move out by the end of the lease. If a tenant does not move at the end of the lease, they are "holding over," and the landlord has the right to start the eviction process against them.

Some leases auto-renew for a year or change to a month to month lease at the end of the first year.

If the landlord continues to accept the usual rent payment every month from the tenant, the landlord and tenant now have a lease that renews monthly. The same lease terms apply.

If there is a notice requirement stated in the lease, the tenant should notify the landlord that they want to move by that time. If there is no notice period stated in the lease, tenants in a month-to-month lease who want to move commonly give at least 30 days written notice before their next rent payment is due. Rent payments due within 30 days of the notice still need to be paid in full, even if the tenant will not live in the apartment for the entire month.