A Illinois month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an 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 agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have 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 ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
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. The law also requires copies of any records or reports which might indicate a radon hazard on the premises.
- Shared Utilities – Illinois landlords must disclose how utilities are billed on properties which share a utility meter with other units. The Tenant Utility Payment Disclosure Act provides the specific requirements.
- 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 history.
- 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.
- Flood Zone: Illinois rentals must provide a disclosure if they’re on a lower level or fall within a FEMA flood zone. The law provides a sample disclosure which covers all required elements.
Required Notice To End a Month-to-Month Rental in Illinois
Illinois lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. Notice must be in writing. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Required Notice To Raise the Rent on an Illinois Month-to-Month Lease
Illinois requires written notice to raise the rent. There’s no particular timeframe specified in the law. 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. In Illinois this is 30 days.
Eviction in Illinois Month-to-Month Rentals
Illinois tenants may get evicted if they violate lease terms or stay 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.
Sources
- 1 420 ILCS 46/26(a) & (b)
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(a) At the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with:
(1) the Illinois Emergency Management Agency pamphlet entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency;
(2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and
(3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f).
(b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant’s radon test provides a result in excess of the Illinois Emergency Management Agency’s recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.
Source Link - 2 765 ILCS 705/25
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(a) As used in this Section:
“Flood” and “flooding” mean a general or temporary condition of partial or complete inundation of a dwelling or property caused by:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or
(3) rainfall.”Lower-level unit” means any garden level unit, basement level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the landlord’s tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (“100-year floodplain”) and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(c) Every landlord who leases a lower-level unit shall clearly disclose to each of the landlord’s lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(d) The written disclosure shall look substantially similar to the following:
“(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area (“100-year floodplain”). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area (“100-year floodplain”), the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
(Landlord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA’s National Flood Insurance Program to cover your personal property in the event of a flood. Information regarding flood risks can be found at the dnr.illinois.gov (Illinois Department of Natural Resources), fema.gov (FEMA), and ready.gov/flood (U.S. National public service).
Landlords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord’s failure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Section.
……………………..(Tenant Signature) (Date)
……………………..(Landlord Signature) (Date)”
(e) If a landlord fails to comply with subsection (b), and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord’s failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant’s personal property, affects the habitability of the leased property, or affects the tenant’s access to the leased property, the tenant may:
(1) terminate the lease by giving written notice tothe landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and
(2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding.
(e) Exemptions. This Section does not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit the renting, leasing, or subleasing of such units.
Source Link - 3 735 ILCS 5/9-207
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(a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days’ notice, in writing, and may maintain an action for eviction or ejectment.
(b) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for eviction or ejectment.
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