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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?
The yearly lease states in order to terminate lease you have to give 30 days notice
and will owe (a lease break penalty fee) to cover property income loss.
That is abusively high and likely illegal too.
Quote:
So if the month to month uses same lease terms of a yearly lease...
It doesn't. Or any other terms of a lease that isn't allowed by law in THAT County. Check. Know.
Quote:
...would we still have to pay the (lease break penalty fee) if we give 30 days notice on a month to month?
Even if the statute is not specific a court is likely to rule that provision as unjustment enrichment or failure to midigate:
(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1)
Sec. 9-213.1. Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.
This...usually after initial year once month to month, no 6 month penalty..just give a 30 day notice if moving.
Was on a yearly lease and want to go on a month to month. The landlord gave a lease to sign with the exact same terms as the yearly lease (penalty, no pets, cleaning, parking rules ect.) only difference, it just states month to month on front.
I always thought month to month means you just give 30 days notice and your done, no penalties. A yearly lease you have to stay the term or pay a penalty.
Even if the statute is not specific a court is likely to rule that provision as unjustment enrichment or failure to midigate:
(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1)
Sec. 9-213.1. Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.
Was on a yearly lease and want to go on a month to month. The landlord gave a lease to sign with the exact same terms as the yearly lease (penalty, no pets, cleaning, parking rules ect.) only difference, it just states month to month on front.
I always thought month to month means you just give 30 days notice and your done, no penalties. A yearly lease you have to stay the term or pay a penalty.
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Originally Posted by BobbySacamano
If it is month to month and they give the 30 days notice that is says in the lease, I would not say that is defaulting on the lease.
Have you even asked about it?
It is quite possible the landlord/property manager just rushed and didn't review the lease document in full.
"It looks good, but I think you overlooked this detail. I am ready to sign the lease, but we need to fix that."
That is abusively high and likely illegal too.
It doesn't. Or any other terms of a lease that isn't allowed by law in THAT County. Check. Know.
Nope. No lease.
Most states and localities have an implied lease that rules when there is no lease.
Here is what New York implies as an example
Month-to-Month Tenants
Non-rent regulated renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law § 232-c).
A month-to-month tenancy may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases.
• If you have lived in your apartment two or more years, or if you have a two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent or not renewing your lease;
• If you have lived in your apartment for more than one year, but less than two years, your landlord must provide you with 60 days advanced notice before raising your rent or not renewing your lease; or
• If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing a lease.
New York City tenants who want to get out of a month-to-month rental agreement must provide one month's notice
Outside of New York City, the tenant must give one month’s notice to terminate the tenancy.
Last edited by mathjak107; 12-30-2021 at 06:33 AM..
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