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

[Frank S.]

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, 

[Nicholas Bailey]

"Holding over" is them retaining possession of the apartment contrary to your wishes, which is why it has a penalty.

If your 12 month lease is simply up in June, nobody does anything, and you accept July rent, that's a month-to-month lease, not a holdover. 

Is this a situation where the tenant is moving out with less than 30 day notice?  I'd say you're more or less screwed there. You have the right to collect rent, but it's not going to be worth going to court over 1 month of rent.

If the situation is you trying to terminate the lease, make sure you brush up on the Fair Notice Ordinance if they've been there for over a year.