Illinois Month-to-Month Lease Agreement

Last Updated: May 10, 2024 by Roberto Valenzuela

A Illinois month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.

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For information about fixed-term leases in Illinois (i.e., a term of one year or more), click here.

Basics of a Illinois Month-to-Month Rental Agreement

In Illinois, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy full rights under Illinois landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in Illinois

Illinois landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

  • Radon Hazard Disclosure – Illinois landlords must provide all new tenants with a state-approved pamphlet warning about the dangers of radon exposure, plus copies of any records or reports which might indicate a radon hazard on the premises.
  • Shared Utilities – Landlords renting a unit that shares a utility meter with other parts of the property must comply with the Tenant Utility Payment Disclosure Act disclosing how utilities are billed for the property.
  • Carbon Monoxide Detector Disclosure – Illinois landlords must comply with the Carbon Monoxide Detector Act by providing tenants with information about a property’s carbon monoxide detector testing and maintenance history.
  • Smoke Detector Disclosure – Illinois landlords must comply with the Smoke Detector Act by providing tenants with information about a property’s smoke detector testing and maintenance.
  • Concession Granted Disclosure – Illinois landlords must, in writing, disclose any concession for rent that they grant.
  • Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in Illinois

Illinois lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

Illinois requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a Illinois Month-to-Month Lease

Illinois requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Illinois is 30 days.

Eviction in Illinois Month-to-Month Rentals

Illinois tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Illinois can take as few as two weeks, but also as long as five months or more.

For more information on the eviction process in Illinois, click here.

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