Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Chicago Real Estate Forum
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 3 years ago,

User Stats

870
Posts
345
Votes
Frank S.
  • Specialist
  • Chicago, IL
345
Votes |
870
Posts

Month-to-Month Lease in Chicago and Holding Over Questions

Frank S.
  • Specialist
  • Chicago, IL
Posted

Howdy, 

I have a tenant that claims that because I didn't provide a notice of a MM lease, they don't have to comply with the 30 day notice.  My understanding has always been that if they stay after the expiration of their Lease,  that is enough to trigger the MM Lease in Chicago.

Where is that code section? I can't seem to find it. 

I'm using the standard Lease by the Chicago Association of Realtors. There is a section about Holding Over that is not very clear to me.


16. Holding Over
. Tenant shall be liable for double the Monthly Rent in the event that
Tenant retains possession of all or any part of the Premises after the Ending Date of this
Lease. Landlord may at its sole option, upon written notice to Tenant, create a month to
month tenancy between Landlord and Tenant under the same terms and conditions of
this Lease. Additionally, if Tenant retains possession of all or any part of the Premises
after the Ending Date of this Lease and pays less than double the Monthly Rent and
Landlord accepts payment, this shall become a month to month tenancy, and not a year
to year tenancy, between Landlord and Tenant under the same terms and conditions of
this Lease.

Any help is appreciated, 

Loading replies...