How can a lease be terminated in the State of Illinois?
A written lease for a fixed term (such as 1 year) terminates at the end of the lease period, unless the landlord and tenant agree in writing to earlier termination. A month-to-month rental can be terminated by either party giving 30 days written notice to the other party, and a week-to-week rental can be terminated on 1 week's written notice.
Some fixed term leases automatically renew at the end of the term, or if the parties agree, the tenancy can then become month to month. If this is not addressed in the lease, the tenancy terminates at the expiration date. In the City of Urbana, the landlord is required to give the tenant written notice at least 1 month before the end of the lease that the lease will not be renewed, otherwise the tenancy continues on a month-to-month basis.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, such as non-payment of rent, breach of a condition of the lease, or illegal activity on the premises. A landlord must first give a tenant proper notice as required under the law. If the tenant does not cure the problem within the allotted time, the landlord can go to court for an eviction order. The landlord cannot forcibly remove a tenant - only a County sheriff can do so.
A landlord cannot lock a tenant out, turn off utilities, seize a tenant's belongings or otherwise attempt to force a tenant to move. However, the law does give the landlord the right to seize certain non-exempt property of the tenant for unpaid rent, provided that the landlord follows the proper procedure.
State law prohibits a landlord from evicting a tenant in retaliation for the tenant making a complaint to a governmental authority about the landlord's violation of any applicable building code, health ordinance or similar regulation.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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