As a Chicago landlord, did you know that you must send a notice terminating a lease if you do not intend to renew it or if you are increasing rent, even if the lease automatically expires by its terms? Deadlines differ based on how long tenants have been in the property. A few rules of thumb to navigate these terms are outlined below:
If a tenant has been living in the property for less than six months:
The landlord must notify the tenant of any changes in writing at least 30 days prior to the stated termination date of the rental agreement. These changes include terminating a periodic tenancy, not renewing a fixed-term rental agreement, or increasing the rental rate.
If a tenant has been living in the property for six months to three years:
The landlord must notify the tenant of any changes in writing at least 60 days prior to the stated termination date of the rental agreement. These changes include terminating a periodic tenancy, not renewing a fixed-term rental agreement, or increasing the rental rate.
If a tenant has been living in the property longer than three years:
The landlord must notify the tenant of any changes in writing at least 120 days prior to the stated termination date of the rental agreement. These changes include terminating a periodic tenancy, not renewing a fixed-term rental agreement, or increasing the rental rate.
In each of these cases, if the landlord fails to meet the required deadline, the tenant may remain in the property for up to 30, 60, or 120 days, respectively, after the date on which the written notice is given to the tenant, regardless of the termination date specified in the notice or existing rental agreement. During this occupancy, the terms and conditions of the tenancy remain the same as the terms and conditions previously agreed upon, however, rent during the extension period remains at the same rate established on the last date that a full rental payment was due.
Rental agreement renewals and notices of termination must be considered carefully and reviewed thoroughly. If you need help with these issues, contact Kershner Sledziewski Law.
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