Legal Question in Landlord & Tenant Law in Illinois

Automatic Renewal and 60 day notice

I would appreciate it if someone could help out with a question I have.

My current lease expires at the end of October (Oct. 31.) In a summary page of the lease, the lease terms are for Nov. 1 to Oct. 31. In the detail portion of the lease, the lease claims I must give 60 days notice otherwise the lease automatically renews on a month to month basis at a premium. With a definitive start and end date, doesn't the 60 day notice with the lease automatically renewing present a conflicting termination date? Isn't the conflicting information perhaps indicative of a poorly written contract (as viewed in the eyes of a court?)

i.e. - clearly I don't think I should have to/or want to give 60 days notice - I have not yet and want to move out at the end of the month - however I also do not want to violate my lease.

Thank you for the help!


Asked on 10/06/08, 3:59 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Automatic Renewal and 60 day notice

The first thing I would recommend doing is contact your landlord about it. Their concern is going to be about having time to find someone to rent your unit. That is why the 60 day provision is in there. But they may be willing to waive that provision. The only way you can find out is ask them. Just make sure that if they are going to waive that requirement, that they do so in writing. If they don't waive it, then it would be a good time to consult an attorney.

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Answered on 10/06/08, 5:23 pm


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