Illinois Month-to-Month Lease Agreement
An Illinois Month-To-Month Rental Agreement is a legal contract that allows a tenant to rent a property without committing to a fixed lease term. This type of agreement offers flexibility for both tenants and landlords, as either party can amend or terminate the agreement with a minimum of 30 days’ notice.
Illinois Month-to-Month Lease Agreement
Month-to-Month Laws
Termination Notice
A landlord must provide a minimum of 30 days’ notice to terminate a month-to-month tenancy. In Chicago, specific rules apply based on the duration of the tenancy:
- For tenancies over 3 years, landlords must give 120 days’ notice.
- For tenancies lasting between 6 months and 3 years, a 60-day notice is required.
Rent Increase Notice
Illinois does not have state rent control laws, allowing landlords discretion over rent increases. However, it is advised that landlords provide a 30-day notice before implementing any rent increase. In Chicago, the notice requirements differ based on the length of the tenancy:
- For tenancies lasting between 6 months and 3 years, a 60-day notice is required.
- For tenancies over 3 years, a 120-day notice is necessary.
Required Disclosures
Landlords are required to provide the following disclosures to tenants:
- Carbon Monoxide Disclosure: Written information regarding the testing and maintenance of carbon monoxide alarms on the premises.
- Lead-Based Paint Disclosure: Disclosure of the presence of lead-based paint if the residence was constructed before 1978.
- Radon Disclosure: Upon request, tenants must receive the Radon Guide for Tenants, any reports of radon hazards, and a disclosure report of the Radon Awareness Act.
- Rent Concession Act: If a rent concession is granted, a clear notice stating “concession granted” and an explanation must be included in the lease.
- Smoke Detector Disclosure: A written notice about smoke detector maintenance and testing must be provided to the tenant.
- Utility Payments: Tenants on a shared utility meter with the landlord must be informed about shared services and payment divisions.
Illinois Month-to-Month Eviction
A landlord has the right to evict a tenant for reasons other than failure to pay rent or breach of lease terms. For month-to-month leases, the following applies:
- A landlord must provide a 30-day written notice to the tenant, informing them that they have 30 days to vacate the premises.
- If the tenant does not vacate within the 30-day period, the landlord may initiate eviction proceedings.
This process is governed by the Illinois Eviction Process, which outlines the legal steps for evicting a tenant.
Statutes
- 765 ILCS 710/1 – Statement of damage
- 765 ILCS 710(c) – Statement of damage
- 765 ILCS 715/1
- 765 ILCS 715/2
- 735 ILCS 5/9-102 – When action may be maintained
- 735 ILCS 5/9-205 – Notice to terminate tenancy from year to year
- 735 ILCS 5/9-207(a) – Notice to Terminate a Week-to-Week Lease
- 735 ILCS 5/9-207(b) – Notice to Terminate a Month-to-Month Lease
- 735 ILCS 5/9-207.5 – Termination of bona fide leases in residential real estate in foreclosure
- 735 ILCS 5/9-209 – Demand for rent – eviction action
- 735 ILCS 5/9-210 – Notice to quit
- 735 ILCS 5/9-213.1 – Duty of landlord to mitigate damages
- 735 ILCS 5/9-318 – Seizure of Crops for Unpaid Rent
- 765 ILCS 705/25 – (Text of Section from P.A. 103-840) Disclosure of potential flooding in rental and lease agreements
- 765 ILCS 735/1.4 – Prohibition on termination of utility service by landlord
- 765 ILCS 750/1 – Short Title
- 765 ILCS 750/5 – Purpose
- 765 ILCS 740/5 – Disclosure of utility payments included in rent
- 765 ILCS 742/5 – Repair; deduction from rent
- 765 ILCS 750/20 – Change of Locks
- 765 ILCS 750/27 – Nondisclosure, Confidentiality, and Privilege
- 765 ILCS 720/1 – [Repealed Effective 1/1/2025]
- 770 ILCS 95/7.10 – Late Fees
- 420 ILCS 46/26 – Disclosure of radon hazard to current and prospective tenants
- 810 ILCS 5/3-806
FAQs
In Illinois, either the landlord or tenant must provide a minimum of 30 days’ written notice to terminate a month-to-month rental agreement.
Yes, in Chicago, landlords must provide 60 days’ notice for rent increases on tenancies lasting between 6 months and 3 years, and 120 days’ notice for tenancies over 3 years.
Landlords in Illinois must provide several disclosures, including information about smoke and carbon monoxide detectors, radon hazards, shared utilities, and lead-based paint if applicable.
Yes, a landlord can evict a tenant on a month-to-month lease for reasons other than failure to pay rent or breach of lease terms, but they must provide a 30-day written notice to vacate.
While there are no state laws limiting rent increases in Illinois, it is advisable for landlords to provide a 30-day notice before implementing any rent increase.
If a rent concession is granted, the landlord must include a clear notice stating ‘concession granted’ along with an explanation of the concession in the lease.
The Radon Disclosure requires landlords to provide tenants with information about radon hazards, including any reports and the Radon Awareness Act, ensuring tenants are informed about potential risks.