Fixed Lease Term ends is it automatic MtoMonth

[jannie123]

What is the name of your state (only U.S. law)? Illinois
I'm landlord: Fixed term lease ends April 1, 2012 I assume will go Month to month even though lease doesn't state that?

A concern has come up (too many cars parked in the rental driveway(3)) only 2 people renting. There is a garage where tenant car could park a car. Also, adult son's business vehicle parked in front of the house on a continuous basis.

If I find that more than just the people on the lease are living in the home, can I terminate the lease sooner than with 30 days notice?
If I give notice on April 1 to have them out on May 1, do I have to put a "reason" for giving notice?
Am I correct this fixed term lease went MTM because the issue wasn't addressed in the lease? It doesn't just end on April 1, 2012 and tenants have to move out, since no notice was given.

 

[Gail in Georgia]

"I'm landlord: Fixed term lease ends April 1, 2012 I assume will go Month to month even though lease doesn't state that?


Never "assume" anything. People end up in court when they assume things that cannot be proven. Do your current tenants wish to remain in the rental unit after their lease expires?


"A concern has come up (too many cars parked in the rental driveway(3)) only 2 people renting. There is a garage where tenant car could park a car. Also, adult son's business vehicle parked in front of the house on a continuous basis."

Does your current lease list how many cars can be parked in the rental driveway?


"If I find that more than just the people on the lease are living in the home, can I terminate the lease sooner than with 30 days notice? "

Follow the guidelines for Illinois which typically involves presenting the tenants with a "Cure or Quit" notice, giving them the required number of days to remedy the situation.

"If I give notice on April 1 to have them out on May 1, do I have to put a "reason" for giving notice?"

If one is on a tenancy at will (i.e., month to month lease) neither side needs to provide a reason for terminating this type of lease.


Illinois Pro Bono | Illinois Landlord Tenant Eviction Notices

Gail

 

[jannie123]

The tenants haven't indictated whether they want to stay. I better find out.
No there is nothing in the lease about number of cars in the driveway, however it's sending up a red flag that there may be more people living in the home, than were on the lease. So if that's the case there is a recourse for me. I would prefer not to do that. I'd prefer just to end the lease that terminated on April 1, 2012.
If I'm understanding right I need to
1. find out how many people are actually living there.
2. If more than on the lease either (include them after having them fill out an application for a credit/criminal check), or terminate the lease with a 30 days notice.
3. Write up another Month to month lease.