Legal Question in Landlord & Tenant Law in Illinois

I am a tenante and i paid my rent on 9-1-2010 and my lease is uo on 10-1-2010. but my land lord didnt give me my 30 notice to vacate the home until 9-9-2010 . when does my 30 days expire . cause she want me out on 10-1-2010 and i adv her that the purpose of a 30day notice is to give the tenantes 30dys. she cotn to tell me she will have a truck in my drive way to move out . i will not be able to move into my new place until 9-8-2010. and she doesnt understand .


Asked on 9/27/10, 7:42 am

2 Answers from Attorneys

The concept of a "30-day notice" is more complicated than it needs to be. The concept is to give notice 30 days BEFORE your next rent payment is due, so that the landlord or tenant has at least that amount of time, and so that the next rental period isn't partial and subject to some kind of dispute over the amount owed. The statute in Illinois does not clearly put it in those words, but that is the best way of viewing it and as a practical matter that's how most people apply it. Frankly there are tenancies that begin on days other than the first of the month, and the law was written at a time when you calculated rental periods from the day you moved in. So theoretically in your case the landlord's notice, given on 9-9, would end on 10-8 and there would be a question of prorating the October rent, which the statute does not talk about. Because there COULD be a misunderstanding here, you should verify w/ your landlord that you expect to pay rent and stay in possession til 10-31. The landlord SHOULD confirm this, and if not try to explain your understanding of the situation. If the landlord STILL disagrees it may be time for an attorney to write a letter for you, at the very least.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/02/10, 4:11 pm
Sal Sheikh www.BetterCallSal.com

Attorney Messutta is spot on.

Try to resolve the situation "amicably", but if that does not work you may want to contact an attorney.

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Answered on 10/03/10, 8:48 am


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