Chicago, IL asked in Landlord - Tenant for Illinois

Q: If you have not been given the new lease, does it automatically become a month to month lease? and what do I pay ?

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1 Lawyer Answer
William Harold Mazur
William Harold Mazur
  • Landlord Tenant Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: It depends on how you and the landlord proceed after the expiration of the initial lease. If you submit and your landlord accepts/cashes your normal rent payment on the same day of the month you always have, the landlord is accepting you as a tenant again. The term of the new tenancy and amount of rent will be determined by the frequency of your rent payments, so in the example above it would be month-to-month. Keep in mind that the above situation does not bind you and the landlord for another year at the same rate and under the same terms. Should either of you wish to terminate the tenancy, you can serve the other with a proper 30-day notice to terminate the tenancy. Such notices are highly technical in Illinois, however, so you should consult with a local landlord tenant attorney before attempting to do so on your own.

Another possibility is that your landlord can, however, treat you as a holdover tenant if he/she doesn't accept the first payment after your first lease expires, and seek to have you leave the unit. From your question, it doesn't sound like that is occurring at the moment though.

Best of luck to you.

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