House & Apartment

Yes, with one exception. Landlords and people must serve Giving court documents to someone written notices that a lease is ending and will not be renewed for all:

• Month-to-month and week-to-week arrangements (also called tenancies),
• Cook County properties,
• Rentals paid with a Housing Choice Voucher (HCV), and
• Written rental agreements that automatically renew.

Outside Cook County, property owners do not have to serve a written notice that a lease is ending and will not be renewed if all of the following are true:

• The property is entirely outside Cook County,
• The property is owned privately,
• No portion of rent is paid by a Housing Choice Voucher (HCV),
• The housing provider and the person living in the property have a written rental agreement with a clear end date that does not automatically renew, and
• The written rental agreement does not require the landlord An owner of property who rents it out to a tenant to provide written notice.

A tenancy is an agreement for a person to live in another person's property on a monthly or weekly basis. Tenancies renew until the landlord An owner of property who rents it out to a tenant or tenant A person who rents a space gives notice that they will end.

Tenancies can be spoken (oral) or written:

• A tenant who pays rent weekly has a week-to-week tenancy, and
• A tenant who pays rent monthly has a month-to-month tenancy.

Many informal housing arrangements are month-to-month tenancies.

The rules on how much notice a housing provider must give to end a month-to-month or week-to-week tenancy depend on where the property is located. 

Most of Illinois: A landlord An owner of property who rents it out to a tenant must give a tenant written notice at least one rental period before a tenancy ends. This means serving written notice to the tenant before:

• The last month of a month-to-month tenancy, or
• The last week of a week-to-week tenancy.

Chicago: The amount of notice depends on how long the tenant has lived in the unit:

• 30 days if the tenant has lived in the unit for under 6 months,
• 60 days if the tenant has lived in the unit between 6 months and 3 years, and
• 120 days if the tenant has lived in the unit for over 3 years.

Owner-occupied properties with 6 or fewer units are included in this rule. If less time is given than required, the notice is automatically extended to cover the full notice period provided by law.

Evanston: All landlords must give 90 days' notice for all lease types. If less time is given, the tenant may stay 90 days at the same rental rate.

Mt. Prospect: All landlords must give 30 days’ notice for a month-to-month tenancy. If less time is given, the tenant may remain on a month-to-month basis. Written renewal agreements are required at the end of a lease term unless notice has been given.

Oak Park: Landlords must give 60 days’ notice for month-to-month tenancies and written rental agreements of any length.  If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. These rules do not apply to owner-occupied properties with 6 or fewer units, which have to make the exclusion clear in marketing and application materials.

Suburban Cook County: Landlords must give 60 days’ notice for month-to-month tenancies and written rental agreements of any length. If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. This applies unless the rental is excluded from the ordinance. A law or rule made by a local government like a town or city The owner must make the exclusion clear in marketing and application materials.

A month-to-month or week-to-week tenant A person who rents a space usually must notify the landlord An owner of property who rents it out to a tenant at least one rental period before moving out. This means:

• For a month-to-month tenancy, the tenant provides notice before the final month starts, and
• For a week-to-week tenancy, the tenant lets the landlord know before the last week starts.

If there is a written lease, it may include additional requirements for giving notice.

Clear communication can help avoid misunderstandings or disputes. Follow any procedures in the lease and provide the landlord with written notice. Keep a copy (or take a photo) of the written notice.

Rental agreements are leases that allow a person to live in someone else's property for a specific period of time. Written rental agreements may:

• Have a specific end date and not automatically renew,
• Turn into a month-to-month tenancy after the year ends, or
• Automatically renew for a specific period of time.

A written rental agreement is required to create a lease for one year or longer. Written leases are also necessary whenever a tenant A person who rents a space pays any part of rent with a Housing Choice Voucher (HCV).

The rules on how much notice a housing provider must give that a written rental agreement is ending and will not be renewed depend on where the property is located. 

Most of Illinois: For properties with a written rental agreement that automatically renews and does not have a specific end date:

• When the agreement automatically renews for another year, 60 days’ notice is required at any time within the four months before the last 60 days, and
• When the agreement automatically renews as a month-to-month tenancy, at least one rental period before a tenancy ends. 

Chicago: The amount of notice depends on how long the tenant has lived in the unit:

• 30 days if the tenant has lived in the unit for under 6 months,
• 60 days if the tenant has lived in the unit between 6 months and 3 years, and
• 120 days if the tenant has lived in the unit for over 3 years.

Owner-occupied properties with 6 or fewer units are included in this rule. If less time is given than required, the notice is automatically extended to cover the full notice period provided by law.

Evanston: All landlords must give 90 days' notice for all lease types. If less time is given, the tenant may stay 90 days at the same rental rate.

Mt. Prospect:  All landlords must give 60 days’ notice for a rental agreement. If less time is given, the tenant may remain on a month-to-month basis. Written renewal agreements are required at the end of a lease term unless notice has been given.

Oak Park: Landlords must give 60 days’ notice for written rental agreements of any length.  If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. These rules do not apply to owner-occupied properties with 6 or fewer units, which have to make the exclusion clear in marketing and application materials.

Suburban Cook County: Landlords must give 60 days’ notice for written rental agreements of any length. If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. This applies unless the rental is excluded from the ordinance. A law or rule made by a local government like a town or city To be excluded, the owner must qualify for an exception and have made the exclusion clear in marketing and application materials.

The amount of notice a tenant A person who rents a space must give that they do not want to renew a written lease depends on the rental agreement. If there is a written lease, check for:

• Any renewal terms, and
• Instructions about ending the lease.

Follow any notice requirements in the lease. Most written leases that renew include terms explaining how to end the lease. Look carefully for renewal provisions, which may be for:

• The same length as the original agreement,
• A different amount of time, or
• A month-to-month tenancy.

If the lease ends on a specific date and does not include a renewal option, tenants usually do not need to provide notice of their intent to move out. When written notice is not required, speak with the landlord An owner of property who rents it out to a tenant in advance to confirm.

Local laws require that tenants in Chicago, Evanston, Oak Park, and suburban Cook County time to decide whether to renew a lease.

Most of Illinois: Check the lease for any requirements. There are no laws that provide specific guidance.

Chicago: Tenants must not be required to renew a rental agreement more than 90 days before their lease ends.

Evanston: Tenants must be given a renewal rental agreement at least 90 days before their lease ends. Housing providers cannot require the tenant A person who rents a space to renew the rental agreement more than 45 days before the current lease ends.

Oak Park: Tenants must not be required to renew a rental agreement more than 60 days before their lease ends.

Suburban Cook County: Tenants must not be required to renew a rental agreement more than 60 days before their lease ends.

Talk to the housing provider about the possibility of staying in the unit longer. Write down, sign, and date any agreements. Keep copies of the completed papers.

If there has been a change in circumstances after notice has been given, such as trouble finding another place to live, ask the landlord An owner of property who rents it out to a tenant about options as soon as possible. Housing providers are not required to allow tenants to stay after:

• The date the tenant A person who rents a space told the landlord they plan to move out,
• The date on the notice the landlord served explaining that the lease would end and not be renewed, or
• Outside Cook County, the specific date a written rental agreement that does not automatically renew ends.

Once the end date has been set, the landlord may make plans to re-rent the unit, schedule repairs or remodeling, prepare to sell the property, or even move into it themselves.

Landlords responsible for public housing buildings must have good cause A legally acceptable reason to do something to refuse to renew a tenant's A person who rents a space lease. This is the same standard as if they wanted to evict the tenant. Good cause can look like:

• Criminal activity that appears on the landlord's An owner of property who rents it out to a tenant background checks,
• Not paying on time,
• Lying on the application,
• Not accepting changes to the lease, or
• Not following the rules in the lease.

If a public housing lease is not renewed, the tenant can challenge the decision by filing a complaint or requesting a hearing.

Private housing providers do not have to give a reason for not renewing a lease. However, landlords cannot end a lease to retaliate against a tenant for protected conduct. 

No, Illinois law prohibits landlords from ending leases to retaliate against a tenant for protected conduct. Protected conduct includes:

• Complaining of code violations to the relevant governmental agency, elected representative, or public officials,
• Complaining of building, housing, health or similar code violations or illegal landlord An owner of property who rents it out to a tenant practices to a community organization,
• Seeking help from a community organization to remedy a code violation or illegal landlord practice,
• Complaining or requesting the landlord to make repairs as required by a building code, health ordinance, A law or rule made by a local government like a town or city other regulation, or the lease,
• Organizing or becoming a member of a tenants’ union or similar organization,
• Testifying in any court or administrative proceeding about the condition of the premises, or
• Exercising any right or remedy provided by law.

Ending a lease is not retaliation Punishing a person for doing something that is legally protected if:

• The landlord can prove a legitimate, non-retaliatory reason for doing so, or
• The landlord ended the lease before the tenant engaged in the protected activity.

No, leases do not usually end just because a private building changes ownership. However, if there is a written rental agreement, read it carefully. Some written rental agreements give the landlord An owner of property who rents it out to a tenant the right to end the lease if they sell the property. 

A private landlord can sell their property while tenants are living in it. The new owner takes over as landlord:

• The agreements with tenants stay exactly the same, except for the new owner being the landlord,
• The new owner becomes responsible for any security deposits provided to the old landlord,
• The new owner must provide notice of their contact information (check with the county recorder’s office if there is any question about who owns the building),
• Rent must be paid to the new owner,
• The new owner is responsible for handling repairs, maintenance, Money the court orders one spouse to pay the other spouse after their divorce (formerly called alimony) and other concerns,
• The new owner must follow the rules for ending leases, and
• People whose leases do not automatically renew may be asked to sign a new lease with the new landlord or move out.

People who want to end a lease due to a change in ownership can follow the instructions for Negotiating a move-out agreement without going to court. Tearing up a copy of the lease, marking it void, or refusing to pay rent do not end an existing lease.

These rules do not apply to subsidized housing, including people who pay rent with a Housing Choice Voucher (HCV), or live in project-based or public housing. When property is sold in a foreclosure or tax sale, the judge may issue eviction A court case brought by a landlord to get a tenant to move out orders requiring tenants to vacate. Learn more about Foreclosure for tenants.

Ending a lease early is sometimes called “breaking a lease.” Getting out of a lease can be difficult unless both parties agree. There are special legal protections that can help with breaking a lease for: 

• Tenants who experience domestic violence,
• Tenants who are active-duty military,
• Tenants whose landlords fail to make emergency repairs (learn more about Lockouts and emergency rental repairs)
• Tenants who have followed the 14-day rental repair letter process, and whose landlord does not complete the necessary repairs (learn more about Rental repair rights and landlord access).

Unless a legal protection applies or the housing provider and tenant A person who rents a space agree, the tenant must pay rent for the entire lease term even if they move out early. The landlord can sue the tenant for unpaid rent based on the lease.

If no exceptions apply, and there is a written lease, check for any notice requirements or early termination When something ends clauses. An early termination clause explains what happens if the tenant decides to leave early. For example, some leases can be “bought out” for a specific payment based on when notice is given. 

The tenant can still ask for a better deal. Learn about Negotiating a move-out agreement without going to court. However, if the tenant needs to leave early, the alternative to a negotiated agreement may be paying the buyout amount in the lease. 

Tenants who do not pay rent with a Housing Choice Voucher (HCV) may be able to sublet their unit to recover part of the cost.

Tenants who are survivors of domestic or sexual violence, or who face an imminent threat of such violence at their rental unit, can follow procedures under state and federal law to move quickly or have locks changed. Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.

Survivors may also consider filing for an Order of Protection to stay in the home instead of moving. Judges can grant exclusive possession of the home in an Order of Protection. Learn more from:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Yes, under the Servicemembers Civil Relief Act, tenants in the armed services are allowed to end a lease early if:

• They receive a permanent change of station, or
• A deployment order that will last at least 90 days.

Subleasing, or subletting, is when a tenant A person who rents a space rents their unit to a new occupant. The new occupant, called a subtenant A tenant who will share the rental payments. They can also take over from the first tenant in the apartment. or subletter, pays rent to the tenant. The agreement between the tenant and the subtenant is known as a sublease.

Subleases can be spoken (oral) or written. Subleases can be for a month-to-month or week-to-week tenancy or for a specific period of time. 

Tenants with a Housing Choice Voucher cannot sublet. In most of Illinois, leases can prohibit subletting. Failure to comply with a lease term prohibiting subletting can result in both the tenant and subtenant being evicted.

Local laws that require landlords to allow tenants to sublease in specific situations include:

• In Chicago, landlords must approve a reasonable sublease unless the tenant lives in an owner-occupied property with 6 or fewer units,
• In DeKalb, landlords can only reject a sublease for legitimate business reasons or standard screening criteria,
• In Oak Park, landlords must accept a reasonable sublease, and

In Urbana, landlords cannot use lease terms to prohibit subleasing.

Some tenants want to get out of a lease before moving in. This can happen for two reasons:

• The landlord An owner of property who rents it out to a tenant has not delivered possession on time, or
• The tenant A person who rents a space has a change of plans.

Delivering possession means that the tenant is given keys and can move in. If a tenant signs a lease and the landlord does not allow them to live in the property when the lease is supposed to start, the landlord has not delivered possession. Talk to a lawyer Someone who represents clients in courts or who gives legal advice about options if the landlord does not deliver possession. 

If the tenant changes plans before a lease starts, the first step is to ask the landlord if they are willing to cancel the lease.  If the landlord disagrees, the next step is to negotiate an early termination. When something ends Learn about Negotiating a move-out agreement without going to court. Subletting may also be an option for some tenants.

Yes, tenants must still pay rent on time after being served with a written notice that the lease is ending and will not be renewed. The obligation to pay rent on time until the lease is over stays the same unless:

• They withhold rent for reasons unrelated to the lease ending and not being renewed, or
• They agree with the landlord An owner of property who rents it out to a tenant to reduce or waive To give up a legal right or pardon a fee the remaining rent.

If the landlord accepts rent after the date specified in the notice as the lease end date, a new lease is created. Usually, this new lease is a month-to-month tenancy.

For help with legal questions about eviction, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.