An Illinois 120 Day Notice to Vacate is most commonly used in Chicago as a legal letter to terminate a tenancy of over three (3) years or as notice of non-renewal of the lease. The letter shall be served at least one hundred and twenty (120) calendar days before the termination date.
When to Use an Illinois 120 Day Notice to Vacate
A 120 Day Notice to Vacate is most commonly used by either party to terminate a tenancy over three (3) years in length in Chicago. This letter may also be used as a notice of non-renewal of the lease. Either party may provide the lease termination letter at least one hundred and twenty (120) calendar days prior to the end date specified in the notice or before the expiration of the lease.
How to Write an Illinois 120 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve an Illinois 120 Day Notice to Vacate
A landlord or tenant can deliver lease termination notices in Illinois using any of the below acceptable methods:
- Handing the notice to the receiving party in person;
- Handing the notice to a person at the premises who can accept the legal letter on behalf of the tenant;
- Mailing the notice by certified or registered mail with a return receipt.
Sources
- 1 Chicago Municipal Code 5-12-130
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For any residential tenancy greater than three years, the landlord shall notify the tenant in writing at least 120 days prior to the stated termination date of the rental agreement of the landlord’s intent to terminate a periodic tenancy, not renew a fixed-term rental agreement or increase the rental rate. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 120 days after the date on which written notice is given to the tenant, regardless of the termination date specified in the notice or in an existing rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 120-day period shall be at the rate established on the last date that a full rent payment was made.
Source Link - 2 735 ILCS 5/9-211
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Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.
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