When your lease can be terminated
When one occupies the real estate of another, with the owner's consent, it is usually under a lease, which can be written or oral. A lease does not have to be in writing unless it is for a term greater than one year. However, a written lease does provide a form of security for both the landlord (or lessor) and the tenant (or lessee).
Most leases specify a specific length of time. If no such length is specified, then the lease may be terminated by either party with proper notice as follows:
- For year-to-year tenancies, other than a lease of farmland, either party may terminate the lease by giving 60 days' written notice at any time within the four months preceding the last 60 days of the lease.
- A week-to-week tenancy may be terminated by either party by giving seven days' written notice to the other party.
- Farm leases generally last one year, and begin and end in March. Notice to terminate the lease must be given at least four months in advance of the end of the term.
- Almost all other lease agreements for less than one year are for (full calendar) month to month. Thirty days' written notice is required. If the expiration date is stated in the lease, no termination notice is necessary.
The most common breach of a lease is for non-payment of rent. The landlord must give a five-day notice to the delinquent tenant. If the tenant fails to pay within that time frame, the landlord may begin court proceedings for eviction.
If the tenant offers to pay a portion but not all of the rent, and the landlord accepts the partial payment, the landlord's rights to evict may be affected.
Chicago residents have many protections under the Tenants Rights Ordinance. Several of those rights are also found in state statutes related to larger apartment projects (12 or more units).
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.