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.
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.
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.
Sources
- 1 735 Ill. Comp. Stat. 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.
Source Link - 2 420 ILCS 46/26(a) & (b)
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Source Link
(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.
