120 Days Notice of Non-Renewal: Refresher

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120 Days Notice of Non-Renewal: Refresher

Account Closed
Chicago · Member since 2022 · 18 posts · 16 votes

I need a refresher. In a hypothetical situation, if a Chicago landlord gave 120 days notice on 12/2/22 of non-renewal of a month-to-month tenancy, when is the move out date? (hypothetical 3 year + tenants)

1. 4/3/23

or 

2. 5/1/23

Can't remember if the last day of tenancy it automatically defaults to the first day of the next month, or if it can be in the middle of the month with a pro-rated payment. 

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Mark AinleyBusiness Member
Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
3y

@Account Closed Tom is right in this scenario the tenant would be expected to be out by 4/30/23 or you can then file for eviction or consider them in default on 5/1 assuming they were in there longer then 3 years at this point!

Thanks for the tag @Tom Shallcross

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  • Tom Shallcross
    Rental Property Investor · Chicago · Member since 2018 · 613 posts · 1k+ votes
    3y

    @Account Closed - yes I believe it defaults to the first day of the next month. So in your example 12/2 is the same as giving notice 12/31.

    @Mark Ainley was the one who informed of me this. 

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  • Mark AinleyBusiness Member
    Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
    3y

    @Account Closed Tom is right in this scenario the tenant would be expected to be out by 4/30/23 or you can then file for eviction or consider them in default on 5/1 assuming they were in there longer then 3 years at this point!

    Thanks for the tag @Tom Shallcross

    [email protected]630-781-6744Podcast Guest on Show #72
    GC Realty & Development LLC4.61090 Reviews
    WebsiteView Page
    1Reply
  • Account Closed
    OP
    Chicago · Member since 2022 · 18 posts · 16 votes
    3y

    Thanks Gents @Mark Ainley @Tom Shallcross

    1Reply
  • Jonathan KlemmBusiness Member
    Moderator
    Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes
    3y

    Hey @Account Closed - You already got the right info above.  From my own personal experience here in Chicago, I highly recommend providing the proper notice as soon as the tenant is in default.  We are going through an eviction and delayed our 5 day and then didn't serve the tenant properly.  

    There are numerous businesses that will serve the eviction notice and the judge can be particular about what will hold up in court, so please take your time to figure out how to do things the right way.

    [email protected]
    Quality Builders4.966 Reviews
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