Legal Question in Landlord & Tenant Law in Illinois

My lease states that the lease agreement will remain in effect on a month to month basis after the end of the first 12 months. It also says there will be a "$ month to month charge". Can i take this to mean there will be no charge month to month?


Asked on 2/04/14, 2:06 pm

2 Answers from Attorneys

Joseph Brabender Brabender & Chiang LLC

It's impossible to tell without reviewing the lease. It is common for landlords to increase rent on month-to-month leases. Talk to your landlord.

Read more
Answered on 2/04/14, 2:08 pm

NO - you are making an assumption that is unrealistic. I agree with Mr. Brabender about needing to show the lease to an attorney. This is probably the "holdover" section of the lease. It attempts to punish the tenant for not moving out, especially if the landlord has another tenant moving in. Most form leases go "month-to-month" after the stated term (12 months per you) but may also give the landlord the ability to choose other options, and rent could vary a lot depending on the option. The fact that the $ amount for a month-to-month "holdover" may not be filled in is of no help. In a month-to-month lease the landlord can make it virtually ANY amount on proper notice. And if you have security up, the landlord could apply it to the first holdover month. Have an attorney review the lease!

Read more
Answered on 2/04/14, 2:31 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois