Is it Illinois law that you must give 30 day notice or you must pay the next month's rent even though you have moved out? We gave our landlo...

Question

Is it Illinois law that you must give 30 day notice or you must pay the next month's rent even though you have moved out? We gave our landlord of 17 years, 27 days and he demands next month's rent and utilities. It is not written in our last lease--which expired 10 months ago and never renewed.(this is an office space)

Answer

There's an old saying in the law: "Past consideration is no consideration." IF* your lease was converted to a month-to-month lease, it appears you are obligated for the extra month. Here's why: if rent is payable on the first of the month and you gave notice AFTER the first and LESS than 30 days elapsed before the next rent payment was due, the notice was NOT effective until after the next rent payment was due and the statute, which in my opinion is poorly drafted, has been interpreted to say you are stuck for the month in which the notice beccomes EFFECTIVE, being 30 days after being given. *Be thankful??? If the lease gave the landlord the option of declaring a year's renewal, the landlord COULD have demanded rent to the end of the year!!!

That being said, there may be other provisions in your lease that give you an out but that would require a full lease review.....