notice to cure/ vacate

[makimb]

IL law question
the tenant has lived at the apartment for almost 5 years. their lease runs 12 months. the tenant has recently fallen behind in rent and was found to own a pet which was prohibited in the written lease.

the tenant can't remember if they signed the lease agreement the last year, but there was somewhat of an oral agreement/understanding with the landlord for the tenant to continue renting the apartment.

the landlord called the tenant asking them to move out. the tenant has received no written notice as of yet. should the tenant request a written notice, and if so - how long of a period of time can the tenant receive in the "notice to cure" or "notice to vacate" before eviction papers are filed? the tenant is willing to move and make good on their debt, but they would like to know ASAP how much time they have before they will need to be moved out.

there seems to be a difference of time periods (in a notice to vacate) in the case of a written lease and an oral lease and with either 6 or 12 months leases. Can anyone explain?

Please advise.

 

[mary hartman]

with NO provable signed lease you can give them 30 days to vacate...UNLESS they have 2 moths security then its 60 days.

Thats it....now you see why its very important never to lose your lease!!!!!!

 

[makimb]

thanks mary for such a quick response.

 

[LL]

If there was originally a written lease that expired, and the tenant stayed on, then that generally becomes a month-to-month lease with the same terms as the written lease, except for the lease length. Thus, if the original lease said no pets, that pets are still forbidden.

I don't know about IL law, but generally the landlord can terminate a month-to-month lease with 30 days notice without a reason. If there is a lease violation, he can generally terminate on very short notice. If he considers the violation to be cureable, then he can generally give notice to cure or quit with something like 3 or 5 days notice. If it is a non-cureable violation, he can generally declare the lease to be forfeit immediatly.

Ask the landlord how much time he is willing to give you.