Wilmette, IL asked in Landlord - Tenant for Illinois

Q: Do tenants without a lease need to give notice before moving out?

I have tenants who's lease expired, they kept living there and paying rent for some time. They now want to leave with 10 days notice and not pay October rent, I figure they were month to month and probably owe us 30 days notice. Are they obligated to pay next month's rent?

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1 Lawyer Answer

A: Good question: Whether the tenant moved in and never signed a lease, or if they once had a lease and the lease ended, but they continued to rent on a month-to-month basis, Illinois state law requires they give the landlord written notice before they move out. If the tenant pays rent once a week, they must give a weeks' notice. If the tenant pays rent once a month, you must give the landlord a month's notice.

Failure to give proper notice, the tenant will owe an extra months rent, if they do not give written notice and the landlord does not re-rent within 30 days.

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