This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Illinois Addressing Holdover Tenancy in a Lease Holdover tenancy refers to a situation where a tenant remains in a rental property after the expiration of their lease agreement without the landlord's permission. In Illinois, addressing holdover tenancy in a lease is crucial to protect the rights and interests of both landlords and tenants. When it comes to holdover tenancy in Illinois, there are primarily two types that can occur: 1. Express Holdover Tenancy: This occurs when the tenant and landlord explicitly agree to continue the tenancy after the initial lease term expires. In such cases, the terms and conditions of the original lease usually continue to apply, with a month-to-month arrangement being commonly established. It is essential for landlords and tenants to have a written agreement outlining the terms of the holdover tenancy to avoid any disputes. 2. Implied Holdover Tenancy: This occurs when the tenant remains on the premises with the landlord's knowledge and without a new lease or clear agreement. In Illinois, if a tenant continues to pay rent and the landlord accepts it without objection, it implies a month-to-month tenancy. The terms of the original lease may still apply to some extent until either party terminates the tenancy properly. While Illinois law does address holdover tenancy situations, it is crucial for both parties to refer to the original lease agreement and understand the relevant provisions. Typically, a lease agreement should include pertinent clauses that explicitly address what happens in the event of a holdover tenancy, such as: 1. Holdover Period: This clause specifies the duration of the holdover period and the consequences of remaining on the premises without a new lease. 2. Rent Increase: If a tenant continues to occupy the premises after the lease expires, this clause permits the landlord to increase the rent. It is vital for this clause to comply with Illinois rent control laws, if applicable. 3. Notice to Terminate: This clause outlines the notice period required for either party to terminate the holdover tenancy. In Illinois, the usual notice period for terminating a month-to-month tenancy is 30 days, although it is advisable to consult state-specific landlord-tenant laws for accurate information. 4. Legal Remedies: The lease should specify the legal remedies available to the landlord in case of a holdover tenancy, such as filing an eviction lawsuit or seeking monetary damages. It is important for both landlords and tenants to know their rights and responsibilities regarding holdover tenancy in Illinois. Seeking legal advice or consulting the Illinois Compiled Statutes Chapter on Landlord and Tenant can provide a better understanding of the specific laws and regulations relevant to holdover tenancies in the state.
