Legal Question in Landlord & Tenant Law in Illinois

We had signed a year lease that was up in April of this year. They had asked us to sign another lease last month. We declined and asked if we could rent month to month or sign a 3 month agreement. They had not given us a lease to sign as of yet. My husband had finshed school and was looking for work that we felt would take him away from this area. He just got offered a job in another town and we will be moving. I gave notice to the landlord today and said, we would be out by August 1st (that is when the rent would be due) They have come back and said that we have to pay for the month of August. I feel that since we don't have a lease we would not have to pay for the month of August...would that be within our legal rights?


Asked on 7/13/11, 3:22 pm

1 Answer from Attorneys
Stephen Messutta

When you go month-to-month, the rule on cancellation is a minimum of 30 days' notice and that is interpreted to mean, for example, if you ordinarily pay rent on the 1st of the month, then if you want to be out on 8/1, you had to give notice (in writing....) by close of business on July 1 (which is cutting it fine anyhow) and better would have been June 29 or 30. If you missed that date then they would be within their rights to demand August rent. If there are more facts that could change the situation feel free to ask again.

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Answered on 7/14/11, 11:21 am


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