Illinois Statewide Rule
Illinois Lease Termination Rules
Key Facts
- Month-to-month notice
- 30 days, in writing (735 ILCS 5/9-207)
- Week-to-week notice
- 7 days, in writing (735 ILCS 5/9-207)
- Year-to-year notice
- 60 days before end of year (735 ILCS 5/9-205)
- Fixed-term lease
- Ends on stated date; no notice unless lease requires
Summary
Under 735 ILCS 5/9-207, ending a month-to-month or other tenancy under one year requires 30 days' written notice; a week-to-week tenancy requires 7 days. The statute lets the landlord 'terminate the tenancy by 30 days' notice, in writing,' and then bring an eviction action. Fixed-term leases end on their stated date.
Sec. 9-207. Notice to terminate tenancy for less than a year. (a) Except as provided in Section 9-207.5 of this Code, 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 eviction or ejectment. (b) Except as provided in Section 9-207.5 of this Code, 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 eviction or ejectment.
Full Breakdown
735 ILCS 5/9-207 governs ending periodic tenancies. For 'tenancy for any term less than one year' where the tenant holds over without special agreement, 'the landlord may terminate the tenancy by 30 days' notice, in writing,' and may then maintain an action for eviction or ejectment. A week-to-week tenancy may be terminated 'by 7 days' notice, in writing.' A separate provision (9-205) addresses year-to-year tenancies with 60 days' notice before the end of the year. A fixed-term lease generally ends on its stated expiration date without notice unless the lease requires it. Either landlord or tenant may use the 30-day month-to-month notice. Chicago and Cook County add separate notice rules; servicemembers have early-termination rights under federal and state law.
Violations & Penalties
No specific statutory penalty. A landlord who gives defective or short notice cannot terminate a month-to-month tenancy until proper 30-day notice expires; a tenant who vacates a fixed-term lease early generally remains liable for rent, subject to the landlord's duty to mitigate under 735 ILCS 5/9-213.1.
Frequently Asked Questions
How much notice ends a month-to-month lease in Illinois?
What happens if an Illinois tenant breaks a fixed-term lease early?
Sources
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