If the chicago landlord does not provide the minimum notice of non-renewal or elevation required by the Fair Notice Order, the tenant can stay in the unit for up to 60 days (for tenants who have lived in the property for at least six months but less than three years) or up to 120 days (for tenants who have lived on the property for at least three years). and subject to the terms of the rental agreement prior to delivery of the landlord`s notice. In other words, if the landlord does not submit the written notice in a timely manner, the tenant can choose to renew the lease for the entire required notice period, even if the lease termination date has expired. For more details, see section 5-12-130(j) of the Chicago Residential Landlord Tenant Ordinance. Ultimately, it`s up to you, as the landlord, to decide if you want to renegotiate the lease – but if you want your tenant to continue renting from you, listen to their requests, and consider working on a new agreement. In addition, landlords should be aware that section 5-12-130(i) of the RLTO states that a tenant is not required to renew a lease more than 90 days before the date of termination of the lease. If a landlord requests an extension before this period, they may be held liable to the tenant for one month`s rent or the tenant`s actual damages. Extending a lease usually means that your current tenant signs a new lease with the same or similar terms to the current lease. Sometimes a lease extension is an extension of the current lease. With Zillow Rental Manager, you can easily create an online lease, review it, and sign it with your tenant.
No tenant wants to open their mail to find a rent increase letter telling them that the landlord intends to increase the rent when the lease is extended, but landlords should not hesitate if they intend to. You must inform your tenants as soon as you have decided to increase the rent so that they can in turn decide whether or not to renew the lease. And if your home is regulated by the CRLTO, the law requires you to provide your tenants with a certain amount of time. A lease, or “lease extension,” allows a landlord and tenant to extend a lease beyond the end date. The other rental conditions remain the same, unless they are modified accordingly. Depending on the economic conditions, the landlord can increase the monthly rent. A common misconception that landlords have is that after a rental period expires, the rental also expires automatically. According to the RLTO, this is not true. In fact, if landlords fail to properly notify tenants that they do not intend to renew a tenant`s lease, a tenant may be granted up to 60 days of occupancy from the date of actual notification.
I believe that some of this information is false. 735 ILCS 5/9-207 stipulates that the owner may terminate a weekly rental with 7 days` notice and a rental of less than one year with 30 days` notice, but the opposite is not expressly stated in the rest of 735 ILCS 5 / Code of Civil Procedure. While it`s common for tenants to do the same, I don`t believe Illinois tenants are required by law to notify landlords that they are terminating their lease week after week or month to month until a specific date, unless otherwise stated in their signed lease. In July 2020, the Chicago City Council passed the Fair Notice Ordinance to create more housing stability for tenants. This notice requires landlords to give tenants more time before terminating the lease if they intend to increase the rent or refuse a lease extension. In particular, tenants who have lived in a rental unit for three years or more are entitled to 120 days` notice of the increase or termination of the rent; Tenants who have occupied a dwelling for six months but less than three years are entitled to 60 days` notice, and tenants less than six months` notice are entitled to 30 days` notice. Also consider ancillary costs – if the current lease provides that all incidental fees are included in the monthly rent, but you intend to transfer responsibility for ancillary costs to your tenant when renewing the lease, you must also notify this change 30 days in advance (see Illinois Rental Property Utility Service Act, 765 ILCS 735 / 1.2). Note that the fair notice rules apply even if there is no written lease. This Act also applies to a situation where a landlord receives notice from a tenant that the tenant wants to renew the lease, and the landlord fails to serve a notice of rejection, and then the tenant does not sign an updated lease. If a landlord believes that the tenant will not renew the lease and the 30-day period is approaching, it may be advisable to hand in the 30-day letter of intent not to renew the term lease so that, if the tenant does not renew, a landlord can begin the eviction without having to provide 60 days` notice. If the landlord and tenant sign a new lease in the meantime, the termination will become invalid. Under the Chicago Residential Landlord and Tenant Ordinance, Municipal Code Title 5, Chapter 12, Section 5-12-130(j), a landlord is required to give written notice of its intention not to renew the lease at least 30 days before the end of the lease term.
If a landlord does not make an appropriate termination within the required period, they cannot terminate the tenancy with the delivery of the 30-day notice period, but must give the tenant 60 days to terminate from the time they actually served the notice, even if that date is later than the lease expires. The lease will continue during this period according to its initial terms. Just as you have the option to renegotiate the rental terms, you give your tenant the opportunity to propose their own changes. Sending a lease renewal letter is a great way to let your tenant know that you want to continue renting to them. A lease renewal letter, sometimes called a lease renewal contract, informs your tenant that their lease is about to expire and helps you assess their interest in continuing to rent your property. It is recommended to mention if you meet the same conditions or make adjustments to the lease. If you have a reliable tenant and want to continue renting to them, consider extending the lease to avoid the stress of finding a new tenant. Lease extensions and terminations must be carefully considered and thoroughly reviewed. If you need help with these questions, contact Kershner Sledziewski Law. Tenants are generally required to inform a landlord in writing that they do not wish to renew the lease. In certain circumstances, for example. B, if a tenant has received military orders or if a tenant has been a victim of domestic violence, the tenant may not need to give notice.
If your tenant indicates that they are not interested in an extension, send them a written confirmation of the rental date as well as moving instructions. According to Zillow Group`s 2018 Consumer Housing Trends Report, nearly half (46 percent) of all tenants who have moved in the past 12 months already intend to move again — now or in the next year. If you have a reliable tenant and want them to stay, here are a few things you can do that can help them sign a lease extension: Contact the other party and ask if they intend to renew the lease under current or new terms. .