Landlord Rights - Terminating Tenancy
Courtesy of Chicago Title.
A landlord can terminate a month to month tenancy for any reason or for no reason at all. There are some restrictions however.
60 Day Notice
If the tenant has occupied the premises for a year or more. Example: if the tenant was on a one year lease, and holds over, and becomes a Month to Month tenant, then he or she must be given a 60 day notice rather than the 30 day notice.
30 and 60 Day Notices Stating “Cause”
Remember a 30 and 60 day notice can only be used on a month to month rental agreement, never on a lease, unless the term has expired. If the rental unit is in a Rent Control City, them the City may require that the tenancy cannot be terminated except for “Just Cause”. Also, discrimination is a defense to a 30 and 60 day notice, and therefore if you suspect a defense of discrimination, then you should give notice showing just cause, to justify your termination of the rental agreement.
- Your tenant is repeatedly late with the rent. You’ve given three-Day Notices to Pay rent or Quit several times, and the tenant has come through with the rent before the end of the third day, your warning to pay rent on time in the future have had no effect.
- The tenant has given you a number of bad checks. You’ve used three-day notices and the checks were made good, but it keeps happening.
- Your tenant repeatedly disturbs other tenants or neighbors by having loud and boisterous parties or playing a stereo at unreasonable levels. Other tenants are complaining to you.
- Your tenant is using illegal drugs in or about the property or, even worse, dealing in them.
- The tenant has damaged the property-for example, by causing holes in the wall or cigarette burns in the carpet.
Acceptance of Rent Beyond the Notice Period
If you should accept rent beyond the 30, 60 and 90 day notice period you have to terminate the notice, and must start over again. As an example you serve a 30 day notice on the 18th of August, and the tenant pays all of September, or pays through the 20th of September, then you have terminated the notice and must reserve and wait another 30 days.
In the above scenario, take the monthly rent, divide by 30 and multiply by 18, and accept only that amount of rent, or less.
Types of Notices
30 Day Notice
To terminate a Month to Month tenancy where the tenancy has had possession for less than a year.
30 Day Notice with reason
To terminate a tenancy in Rent Control districts that require just cause and for tenants where you suspect a defense of discrimination, etc.
60 Day Notice
To terminate a Month to Month tenancy where the tenant has had possession for more than a year.
60 day Notice with Reason
To terminate a tenancy in Rent Control districts that require just cause, and for tenants where you suspect a defense of discrimination, etc.
90 Day Notice
To terminate Government subsidized housing Section 8.
3 Day Notice to Comply or Quit
To terminate a Month to Month tenancy or a lease where the tenant has violated a term of the agreement that is correctable. It gives the tenant 3 days in which to correct the deficiency.
3 Day Notice to Terminate Lease
This terminates a Month to Month or a lease, for a non-correctable violation of the lease. It may be preceded by numerous warnings. An example is a nuisance where the tenant or the tenant’s guest disturb the peace and quiet of surrounding neighbors.
3 Day Notice to Pay Rent or Quit
This is in the alternative. The tenant must pay the amount demanded within 3 days or vacate the property.
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