Chicago Real Estate Forum
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,
Month-to-Month Lease in Chicago and Holding Over Questions
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,