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The yearly lease states in order to terminate lease you have to give 30 days notice and will owe 6 months rent to cover property income loss. So if the month to month uses same lease terms of a yearly lease, would we still have to pay the 6 months rent if we give 30 days notice on a month to month? I thought month to month meant you can just give 30 days notice and that was it. Are there state laws that void that 6 months rent payment for month to month in Illinois?
There are only certain terms of an expired lease that can be carried over ..things like no pets , etc are usually what is carried over
If the state or locality specifically states how much notice is needed when month to month then laws over ride an expired lease ….. i can put in the lease if you don’t pay the rent I can kill you but that doesn’t mean it’s legal.
Any doubts check with a local real estate attorney who knows your states laws
If you are really on a month to month lease and you give the required 30 day (or 60 day) notice, then you are giving proper notice and not terminating early. If you are not terminating early, there is no early termination fee.
If you are really on a month to month lease and you give the required 30 day (or 60 day) notice, then you are giving proper notice and not terminating early. If you are not terminating early, there is no early termination fee.
Make some informal inquiries first such as what is state law. Feel out the landlord. A smaller landlord might let you go for the deposits.
A property management company or large complex landlord/manager might want all the remaining months on the lease. I've heard stories of people being pursued even after giving up all their deposits.
My ex wife had a lease she had to break ..she had an apartment in a large development here in ny with a professional mgmt company .
She had few months left on her lease .
Well an attorney friend told her how to work little known laws to her advantage .
He had her write up a letter letting them know she would be surrendering the keys on such and such a date ..she was to use that exact wording and also instruct them where to send her deposit …
She sent it registered.
As expected they filed her letter away …they never said you can’t just do that …
So they day came to leave and she dropped the keys off with a letter of surrender …
They took the keys back and she left .
They sent her a bill a few months later for a few thousand dollars for breaking the lease .
Her attorney friend wrote them back and explained to them that by not responding , under New York’s surrender and control laws they accepted her terms of surrender .
They said they never heard of such a thing ..so they contacted their attorney who told them , yep , they inadvertently accepted the terms.
The also blew it in another way .
Within a few days of her leaving they sent a fix and paint crew in …
Well in effect they took back control of the apartment so they can’t claim it is still your apartment and try to hold you to the lease until rented …
What they needed to do was get an authorization form signed by my ex agreeing to let them mitigate her damages and to take control of the apartment so they can fix and paint on her behalf .
By not doing that it was deemed they did it on their behalf and that is taking back control .
So either way they blew it
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