Legal Question in Landlord & Tenant Law in Illinois
I have had a month to month lease for years. My current landlord is in some financial trouble and refuses to work so he wants me to sign a new lease, right before Christmas. How much can he raise me per month and how much notice does he have to give me. What happens if he wants to raise my rent more than I can afford/want to pay? I am a teacher and am planning on moving July first. How can I drag this out until then? Also I paid my rent with a money order and he wants me to cash it and give him the cash. Do I have to do this?
1 Answer from Attorneys
You're taking a few risks. First, you have an existing tenancy, that would not be terminated just because he wants you to sign a new lease - he'd have to terminate the month-to-month. Even if he gave you a 30-day notice on 12/26, it wouldn't be effective until 2/1 assuming you pay rent on the 1st. And even if he waited properly to 2/1 the likelihood of his getting an order of possession before 4/1 is unlikely, and you'd probably get a 30-day stay pushing it out to around 5/1... but you won't get to 7/1 if he presses things. If he screws up the notice, however, and starts his eviction case too soon, it could be strung out beyond 5/1, but again there are a lot of "ifs" and no guaranty. As to a new lease, there's no cap on what he can demand under the law unless you're in a rent controlled or housing choice situation. But 6/3 isn't a bad date for a new lease and you might talk the landlord into a 6 month deal.... As to paying rent in cash, waive the $ at his face but don't hand it over without getting receipts.
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