Hello, my lease for my apartment expired the 1st of May, i had spoke with my landlord at the end of March staying that i would like to stay in my apartment and he basically said that he figured that. I have not signed a new lease or received and paperwork from him. The lease did not have a renewal clause in it or state anything about it Turing month-to-month. So, my question is it month-to-month or do i have to say another year?
Answer
If you paid your rent monthly, and the lease says nothing about "holdovers", customarily the extension is considered month-to-month. Could the landlord make trouble? Sure, because in Illinois a contract that can be performed within a year (year renewal) does NOT have to be in writing. So first I would take the lease to an attorney who can scour it properly. Then assuming you want a monthly renewal, it should be confirmed in writing. It is clear you are anxious about this and why should you be? If the landlord is decent, the confirmation should be a simple thing. But again, I suggest having an attorney's assistance, even if only in the 'background'.
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