Can a tenant remain in a unit after a MTOM lease has ended?

[John Ball]

Due to the current pandemic, I am still trying to figure out what applies and what doesn’t for any potential future references:

If I have a tenant, who is on a MTOM lease, that I want out of a unit, I know I can give a 30-day notice, but what can the tenant do?

- Can they refuse to leave even though there was no written or verbal agreement made for them to stay?

- Can they force an “tenancy at will”?

- Will I be required to then evict?

This would be in the state of IL. Current Eviction Moratorium is due to end 4/03.

[Bjorn Ahlblad]

@John Ball these days the only person who can't break a lease is the LL! A MTM lease is perfectly valid-all of my tenants are MTM. Leases that are verbal can be valid too. You can give your tenant a 30 day notice of non-renewal (could be 60 days in Illinois so check) and maybe they will leave-if not you will have to evict or cash for keys. Be prepared for the moratorium to be extended. Eviction is a legal process that can get complicated; I would recommend hiring an experienced LL/tenant attorney if the tenant ignores the 30 day notice.