UPDATE: A new version of 5-12-130(j) has passed the City Council. This article is no longer timely. As Chicago landlord-tenant attorneys, one situation that we frequently run into is when a Chicago landlord is forced to serve a sixty (60) day notice to terminate tenancy instead of a thirty (30) day notice. This situation arises when the CRLTO applies and the tenant’s lease term has expired without the landlord serving a proper notice of intent not to renew. Many Chicago landlord’s incorrectly believe that once a lease term expires, that is the end of the tenancy. This is not so.
The City of Chicago Residential Landlord and Tenant Ordinance, Municipal Code Title 5, Chapter 12, Section 5-12-130(j) requires a landlord to provide a written notice of the landlord’s intent not to renew the lease at least 30 day prior to the termination of the lease term. This notice must be served just like any other eviction notice. If a landlord fails to provide the correct notice in time, the landlord can not terminate the tenancy upon service of a 30 day notice to terminate tenancy! Instead, the correct notice in the case of “late” delivery is actually a 60 day notice. During the time between the date the lease expires (on paper) and the actual termination date from the notice, the lease continues upon the original terms of the lease.
So what about the situation where a landlord gets an indication from a tenant that the tenant wants to renew and the landlord fails to serve the notice after which the tenant does not sign a new lease? The law still applies. If the landlord is in doubt as to whether a tenant will renew the lease and the 30 day mark is approaching, then the conservative play, in light of the Section 5-12-130(j) requirements, is to go ahead and serve the 30 day notice of intent not to renew the fixed term lease so that if the tenant does not renew, a landlord can proceed to eviction without having to serve a 60 day notice. In the meantime, if the landlord and tenant sign a new lease, that would invalidate the notice.
As an aside, keep in mind that the CRLTO Section 5-12-130(i) provides that tenant cannot be required to renew a rental agreement more than 90 days prior to the termination date of the rental agreement. Landlords who require a renewal before that time can be liable to the tenant for the greater of one month’s rent or the tenant’s actual damages.
Lease renewals and termination notices can be tricky. Be sure to review your lease carefully and consider obtaining the assistance of a landlord-tenant attorney to help navigate these choppy waters.
i recieved a non renewal lease letter for Nov 3oth , which was dated oct 12th but given to me oct 13th ,, the reason is her daughter is going to move in here.. we have paid our rent on time always ,, but she told me she was going to tell me 2 mnths ago but was told she didnt have to ,, i asked her why not ,, it would have given us time to save money up to move ,, because i didnt have to its the law,, my question is did she give it to us to late does she have to give us 60 days ,, we are on a yr to yr lease,, than she has numerous items she hasnt fixed since day one and was promised she would ,, we have been here 2 yrs ,, perfect tenants, we also had a shed built on her property with her permission approx about half of our rent ,,our rent is 1200.00 and the shed was approx. 600.00 how can we ask for that back or have taken off the rent for the last mnth. we also have a security deposit aswell of 1200.00 .. can we stay here on tthat for the last mnth due to letting us know last mnt and we have to find a place now save money to move , new rent new security deposit tthat we werent expecting this ,, what can we do? .. wow .. plus per her request we pay her weekily 300.00 ,and on top of it she stopped giving us reciepts and asked for cash,,for every payment ,, , so it is so hard to save if we have to pay weekly now ,, She is not a very nic3e lady she didnt give the prev, tenants ther security back and brag it to us ,, so i know we wont get it back even tho our place is immaculant !!! except for the water damage they nevr fixed, leaking faucets , mold under the sink , rust and waters stains on ceiling sinks that we cant use due to rusty pipes ,light fixture fixed and replaced to leaking roof , a broken fan and light fisture aswell,, a gutter that fell off the house they never fixed and laying on the ground since it fell off, walls that need to be sanded and painted because there was a water leak , … help!!! plus she was calling the water cmpanyy on my bill not to give me an extenstion if i needed one all i needed was one day she sd than let them shut it off if ya cant pay ,, i just dont know how to handle this ,,she than keeps throwing well my attorney says so ,, about everything,,,,shes not very nice
Kellie, you need help from a tenant’s rights attorney. From your message, there are lots of facts to your situation and its impossible to give any meaningful guidance without sitting down to discuss those facts with someone who knows the law and can help to explain your rights to you. Our firm represents tenants in evictions (we handle security deposit recovery for some tenants, but that’s about it on the tenant side of things). There are many great tenant advocates in the city and you should contact one at once.
My daughter’s one year lease expires April 30th in Chicago. The building was sold on April 4th. She has been told verbally that they are not renewing any leases in the building and she has to move out by April 30th. They plan on renovating the building. She has not been given a “Notice” of non-renewal by either the old or new owners. She intended to renew her lease. She wants to stay in the apartment through May so she can find a new apartment as three weeks is not enough time to do so. Can she?
She needs to get some advice from a tenant’s rights attorney.