Legal Question in Real Estate Law in Illinois

I live in Illinois. I rented a place with my family and our lease was up in April. I was told I couldn't sign another lease because they were selling the properties so it was on a month to month. We got sick of people always coming in and out of our house so we were looking and found another place to rent. We did not get to give a 30 day notice, we told her the last week of the month and moved on the 1st. The landlord is saying that she is keeping the full damage/security deposit because we did not give her a months notice. But, since she is not planning to even try to re-rent the property can she do this? I understand keeping it but she says that it will NOT cover any damages or cleaning that she has to do and she plans to keep our whole deposit and then bill us for the damage (a hole in carpet and another room needing carpet cleaning). can she do this? Since we were on a month to month I was not even aware we were required a full months notice, especially since she is showing them to be sold. Thank you for answering :)


Asked on 6/04/12, 6:04 pm

3 Answers from Attorneys
Henry Repay Law Offices of Henry Repay

Based on what you have stated, my impression is that the landlord's position is correct. In a month to month tenancy, 30 days' notice is required to terminate as of the end of the monthly term. So, you would be responsible for one additional month's rent. You should have the lease reviewed, however, to confirm that the holdover created a month to month. Also, if your county or municipality has a landlord-tenant ordinance, review it to determine if it imposes different terms. The landlord should still follow requirements to account for the security deposit and applying it to rent may be improper if the original lease did not provide for it to be used for rent.

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Answered on 6/04/12, 7:10 pm
Stephen Messutta

I agree w/ Mr. Repay. "We did not get to give a 30 day notice" in a month-to-month situation simply was no excuse. With the trooping in and out of the house you may have had additional rights to terminate too. Now, depending on how much is involved, you should seriously consider bringing the expired lease and all the facts to a local attorney who may be able to find a way to get back some of the security deposit. MAYBE.

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Answered on 6/04/12, 7:48 pm


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