Full question:
My tenants lease is not up until April 1st. I called my management company march 10th and told them I do not want to renew the lease because I am moving back home in the summer. The management company said it is too late because they already signed it. Is this true ? I even had the management co. tell my tenants they are welcome to stay there until June 30th When I received the new lease renewal, my tenants clearly lied and said they have no pets. I have proof they have several chickens, a few roosters, and a dog. Since they knowingly lied on the lease renewal, is this even a valid contract ? What is my next step ? I wan to take action before the start of the new lease.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Illinois
Answer:
Tenants generally have a right of possession for the term of the lease unless there is a breach of the lease by the tenants. In Illinois, if tenants violate the lease by having animals that the lease prohibits, a 10 day notice to terminate the lease may be provided in writing by the landlord.
Please see the following IL statutes:
(735 ILCS 5/9‑210) (from Ch. 110, par. 9‑210)
Sec. 9‑210. Notice to quit. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. Such notice may be substantially in the following form:
"To A.B.: You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary.
(Source: P.A. 82‑280.)
(735 ILCS 5/9‑211) (from Ch. 110, par. 9‑211)
Sec. 9‑211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.
(Source: P.A. 83‑355.) (735 ILCS 5/9?205) (from Ch. 110, par. 9?205)
Sec. 9-205. Notice to terminate tenancy from year to year. 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.
(Source: P.A. 82?280.)
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
