Collinsville, IL asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois

Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

1 Lawyer Answer
Ana M. McNamara
Ana M. McNamara
  • Landlord Tenant Lawyer
  • Licensed in Illinois

A: The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease. Assuming you have no contract with your landlord and no specific clause in the lease regarding the amount of notice you must give, you do not have to stay and pay march rent. Sounds like he/she does not have a renter yet. You may want to have an attorney review your lease and send him a letter for a minimum fee.

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