Legal Question in Landlord & Tenant Law in Illinois
on rental property. If you have a year lease on an apartment. The lease has expired. Is the lease still valid until a new lease is signed?
1 Answer from Attorneys
Can't say based on the info provided. But under Illinois law if a written lease is for a year and it ends and does not otherwise require any kind of notice from either party to the other, then the landlord has NO responsibility to give notice to move or quit or anything, and NO the lease is not valid, the tenant is obligated to move AND most likely there is a clause in the lease about a "holdover" which is staying in the rental unit after the term. Most holdover clauses (and you'd have to look at yours) provide for both a holdover rental rate (which is usually 1.5 - 2 x more than it was) AND for the landlord to opt a number of different ways -- not a lease, a lease subject to immediate out, holdover for a month-to-month, or holdover for a year. About the only thing that limits the landlord is (a) usually there is a time limit that the landlord must opt one way or the other and the option if for a year may be less than the 1.5/2x but significantly more than the prior year and (b) if the landlord has "led the tenant on" that there would be a renewal and the parties were negotiating in good faith, the landlord may be precluded from declaring a holdover but that may require court involvement and it's a good idea not to get to that point if you can avoid it.
IF YOU ARE TALKING AN UNWRITTEN (ORAL) LEASE IN ILLINOIS not otherwise subject to a local "residential landlord and tenant" ordinance", then ordinarily a year-to-year tenancy automatically renews unless there's been a proper notice of non-renewal given. And if a tenant holds over after notice and is considered "wilful" then the holdover (for as long as the tenant stays) is at 2x the rent.