Notice for eviction and lease terminations

Yesterday a colleague sent me an email asking for help clarifying the notice his client was required to give a residential tenant.  The tenant had a residential year to year lease in the City of Chicago, and there appeared to be some conflicting notice provisions.  His question centered on whether the Chicago Residential Landlord Tenant Ordinance (CRLTO) or Forcible Entry and Detainer Act (FED) applied. 

Part of the problem lies in the difference between Section 9-205 of the Forcible Act (a/k/a the Illinois eviction statute), which requires 60 days’ notice to terminate a lease; and, the Chicago Residential Landlord Tenant Ordinance (CRLTO) 5-12-130(j), which requires a landlord to give a tenant 30 days’ notice to terminate a lease.  Confused yet?

We were confused too, and this is our job.  Our discussion uncovered that the first problem in interpretation centers on the difference between terminating “for cause” and legally ending a tenants’ lease because you want to do something else with the space.  Reasons a landlord might terminate for “cause” include, of course, not paying rent or violating lease terms.  Other reasons for not renewing a lease might just be that you have a better tenant lined up, or you want to use the space yourself.  The other interpretation problem is deciding which statute controls.

I’ve talked before in this space about the difficulties of being a compliant landlord in the City.  But this is an easy one.  If your property is a residential rental in the City of Chicago, and subject to the RLTO (most are), the CRLTO controls.  If your property is outside the City or not subject to the Ordinance, look to state law.

If you are evicting for cause, such as nonpayment of rent, you must give tenant a notice.  The notice period depends on the cause for eviction (see the relevant statute).  If the notice period expires, and the problem hasn’t been fixed, you must then file an eviction suit under the Forcible Act (FED Statute) and get an order of possession to legally evict. 

If you have a tenant whose lease is ending and you are not renewing, you must simply give them the appropriate notice.  In the City it is 30 days and outside the City it is 60 days.  Once that notice period expires, you need do nothing else.  Hopefully your tenant will vacate peacefully.

Questions?  See: CRLTO (Chapter 5-12 of the Municipal Code of Chicago), the Illinois Landlord Tenant Act (765 ILCS 705) and the Illinois Forcible Entry & Detainer statute (735 ILCS 5/9).  OR

Contact me at: www.scottlawchicago.com