Landlord-tenant laws are complex. They vary greatly from one locality to another, and they often result in a number of legal disputes. This is a five-part series that examines some of the Illinois landlord-tenant laws that are involved in many of these disputes. This first article examines the duration or term of the leasehold.

Fixed Duration Set in Lease Agreement

The duration of the lease term is usually spelled out in the lease document. It is usually for a fixed period of time, such as six months, one year, etc. If there is a written lease agreement and it provides a lease term, the lease term ends on the expiration of the date set in the lease agreement.

Illinois law says that: “When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.”

The lease may also say that the lease is to continue for successive lease terms if the tenant stays in possession of the property beyond the date set in the lease term. If the lease does not provide for this, the landlord can either evict the tenant or bind the tenant for a successive lease term.

For tenants that stay beyond the term of the lease, Illinois law says that:

Except as provided in Section 9-206 of this Act, in all cases of tenancy from year to year, 60 days’ notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within 4 months preceding the last 60 days of the year.

and

Notice to terminate tenancy for less than a year. In all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days’ notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.

In all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.

If No Duration in the Lease: Default to Illinois Law

In the absence of a lease term or a written lease agreement, the law provides the lease term. Generally, state law specifies that the lease term is measured by when rent payments are due. For example, an agreement whereby the tenant pays rent weekly will give rise to a weekly lease term. If rent is due monthly, the lease term is monthly. The lease term will continue until appropriate notice is given to the other party to terminate the lease. The notice requirements vary from state to state.

Illinois law says that:

If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action.

It goes on to say that:

If any tenant gives notice of his or her intention to quit the premises which are held by him or her, at a time mentioned in such notice, at which time the tenant would have a right to quit by the lease, and does not accordingly deliver up possession thereof, such tenant shall pay to the landlord or lessor double the rent or sum which would otherwise be due, to be collected in the same manner as the rent otherwise due should have been collected.

It goes on to say that “After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession.”

Early Termination of the Lease

Illinois law allows tenants to terminate the lease early in some circumstances. For example, Illinois law says that:

(a) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that:

(1) at the time that the tenant vacated the premises, the tenant or a member of tenant’s household was under a credible imminent threat of domestic or sexual violence at the premises; and
(2) the tenant gave written notice to the landlord prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of a credible imminent threat of domestic or sexual violence against the tenant or a member of the tenant’s household.

(b) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which the tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that:

(1) a tenant or a member of tenant’s household was a victim of sexual violence on the premises that is owned or controlled by a landlord and the tenant has vacated the premises as a result of the sexual violence; and

(2) the tenant gave written notice to the landlord prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of the sexual violence against the tenant or member of the tenant’s household, the date of the sexual violence, and that the tenant provided at least one form of the following types of evidence to the landlord supporting the claim of the sexual violence: medical, court or police evidence of sexual violence; or statement from an employee of a victim services or rape crisis organization from which the tenant or a member of the tenant’s household sought services; and

(3) the sexual violence occurred not more than 60 days prior to the date of giving the written notice to the landlord, or if the circumstances are such that the tenant cannot reasonably give notice because of reasons related to the sexual violence, such as hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable. Nothing in this subsection (b) shall be construed to be a defense against an action in forcible entry and detainer for failure to pay rent before the tenant provided notice and vacated the premises.

(c) Nothing in this Act shall be construed to be a defense against an action for rent for a period of time before the tenant vacated the landlord’s premises and gave notice to the landlord as required in subsection (b).

With this understanding of the duration or term of the lease, we can consider the related issue of security deposits in Illinois, which is often the subject of landlord-tenant disputes.