Legal Question in Landlord & Tenant Law in Illinois
1 year rental lease agreement termination
tenant signed a 1 year lease agreement ending on Sept 1, 2007. He wants to move out on Apr 22 after giving me 30-day notice of intention to terminate. Lease agreement says: ''After expiration of leasing period, this agreement is automatically renewed from month to month, but may be terminated by either party giving to the other a 30-day written notice of intention to terminate''. Please tell me if I have a right to insist that he fulfill the lease period in the agreement till Sept 1, 2007.
3 Answers from Attorneys
Re: 1 year rental lease agreement termination
Unless there's a problem with the procedures of the notice, that 30 day right to terminate sounds like it gives tenant right to get out of lease. That's a very common provision in a lease...you didn't have to include it if you didn't want to give tenant this right.
Re: 1 year rental lease agreement termination
You need to check your local ordinance that applies to residential rental properties to see if tenant termination with 30 days' notice is allowed. Such ordinances often allow a tenant to break a lease if he/she finds an acceptable subtenant.
Re: 1 year rental lease agreement termination
The 30 day notice clause applies only after the one year period is finished. Usually, in this situation, the tenant will be liable for the rest of the lease - however, there is usually a clause that allows him to sublease within certain guidelines. I do not know of a municipality that allows a tenant to simply terminate without cause - that is the point of the one year lease. However, you should have your lease reviewed by an attorney to get a complete picture.