Illinois Month-to-Month Lease: 30 Days Statewide, More in Chicago

By Steve Levine · Updated November 3, 2026

Short answer: Outside Chicago and a handful of suburbs, a landlord ends an Illinois month to month lease with 30 days’ written notice under 735 ILCS 5/9-207(b), or 7 days for week-to-week. The state statute says nothing about how much notice you owe as the tenant, and local ordinances can stretch the landlord’s notice to 60, 90 or 120 days.

Illinois is a two-level state. The statewide rule is short and old. Chicago, Evanston, Oak Park and suburban Cook County layer on longer notice periods, some tied to how long you have lived in the unit. Before you count days, figure out which set of rules covers your address.

Illinois Month to Month Lease Notice at a Glance

Rule	Illinois	Statute / source
Landlord ends month-to-month (state default)	30 days, in writing	735 ILCS 5/9-207(b)
Landlord ends week-to-week	7 days, in writing	735 ILCS 5/9-207(a)
Year-to-year tenancy	60 days before the year ends	735 ILCS 5/9-205
Tenant’s notice	No state statute; legal aid advises one full rental period	Illinois Legal Aid Online
Chicago landlord notice	30 / 60 / 120 days by length of stay	Chicago Fair Notice Ordinance
How notice is served	Hand delivery, someone 13 or older at the home, certified or registered mail, or posting if vacant	735 ILCS 5/9-211
Wilful holdover after written demand	Double the yearly value for the time held over	735 ILCS 5/9-202
Buyer after foreclosure	90 days’ written notice for month-to-month	735 ILCS 5/9-207.5

The Statewide Rule Under 9-207

Section 9-207(b) covers every tenancy for a term of less than a year other than week to week, which is where month-to-month arrangements fall. When the tenant “holds over without special agreement,” the landlord may end the tenancy with 30 days’ written notice and then file for eviction if you stay. For week-to-week tenants, § 9-207(a) sets 7 days’ written notice. The Illinois Attorney General’s tenant guide adds that the landlord does not have to give a reason.

The phrase “holds over without special agreement” tells you how these tenancies typically arise in Illinois: a renter stays on after a lease or informal deal with no new agreement on the term. If you never signed anything and pay monthly, you are in the same position.

Illinois Legal Aid Online describes the practical timing for most of the state as one full rental period: the written notice should reach you before the last month of a month-to-month tenancy begins, or before the last week of a week-to-week one.

Your notice as the tenant

Here Illinois is unusual. Section 9-207 speaks only to the landlord’s notice. No state statute fixes how much notice a month-to-month tenant must give. Legal aid’s guidance is that you usually need to tell the landlord at least one rental period ahead, so before the final month starts, and to do it in writing and keep a copy even if no lease requires it. If you have a written agreement, follow any notice terms it contains.

Serving notice the right way

Under 735 ILCS 5/9-211, a landlord’s notice can be handed to you, left with someone 13 or older who lives at or occupies the unit, or sent by certified or registered mail with a return receipt. If no one is in possession, it can be posted on the premises. A text message is not one of the listed methods.

Chicago and Cook County Rules That Override the Default

Chicago’s Fair Notice Ordinance ties notice to tenure. A landlord must give 60 days to terminate or raise the rent of a tenant who has lived in the unit for more than six months but less than three years, and 120 days for a tenant of more than three years. Illinois Legal Aid Online lists 30 days for tenants under six months. The city says these rules apply to an informal month-to-month just as they do to a year-long lease.

If a Chicago landlord gives too little notice, the city says you may remain for the required notice period or pay the prior rent for that period.

Elsewhere, Illinois Legal Aid Online reports that Evanston requires 90 days for all lease types, while Oak Park and suburban Cook County require 60 days for month-to-month tenancies, with exceptions for certain owner-occupied buildings. Mt. Prospect requires 30 days. Check your municipality’s ordinance if you live in Cook County.

Rent Increases on a Month-to-Month

Illinois law sets no cap. The Rent Control Preemption Act, 50 ILCS 825/5, bars local governments from enacting or enforcing ordinances that control the amount of rent on private residential property.

What controls is notice. The Attorney General’s guide says a landlord can raise rent on a month-to-month by any amount with 30 days’ notice, or 7 days on a week-to-week, and cannot raise rent during a fixed-term lease. In Chicago, the Fair Notice Ordinance’s 60- and 120-day periods apply to rent increases too.

The statewide Landlord Retaliation Act adds a check. According to Illinois Legal Aid Online, if a landlord takes action against you within one year after you request repairs, contact officials, or join a tenants’ union, the landlord may have to prove the action was not retaliatory.

Holding Over: The Double-Value Rule

Illinois’s holdover penalty is old and specific. Under 735 ILCS 5/9-202, a tenant who wilfully holds over after the term ends and after the landlord makes a written demand for possession must pay, for the time the landlord is kept out, at the rate of double the yearly value of the property, recovered through a civil lawsuit. The words “wilfully” and “demand made in writing” both matter. A tenant who stays briefly with the landlord’s okay is not in the same position.

Worked Examples: Peoria and Chicago

Peoria. Ana rents a Peoria duplex month to month for $1,100, due on the 1st. Her landlord wants the unit back at the end of April 2027. Under § 9-207(b), he needs 30 days’ written notice, and legal aid’s one-period guidance points the same way. Serving her by certified mail that arrives by March 31, 2027 covers both, since April has 30 days.

Chicago. Marcus has rented a Logan Square two-flat for four years on a month-to-month basis. On February 1, 2027, his landlord delivers a notice raising rent. Because Marcus has lived there more than three years, the Fair Notice Ordinance requires 120 days, so the higher rent cannot start before June 1, 2027. If the notice had said March 1, Marcus could keep paying the old rent through the required period.

Check your own dates with our notice deadline calculator.

Frequently Asked Questions

How much notice do I have to give to leave an Illinois month-to-month?

The state statute does not say; § 9-207 covers only landlords. Illinois Legal Aid Online advises notifying the landlord at least one rental period ahead, before the final month starts, and in writing.

Does Chicago’s 120-day notice apply if I never signed a lease?

Yes. The City of Chicago says the Fair Notice rules apply to informal month-to-month arrangements as well as written year-long leases, based on how long you have lived in the unit.

Can a Springfield or Rockford city council cap my rent increase?

No. 50 ILCS 825/5 prohibits local governments from enacting or enforcing ordinances that control the amount of rent on private residential property.

The bank foreclosed on my building. How long do I have?

Under 735 ILCS 5/9-207.5, a mortgagee or foreclosure purchaser who takes control can end a bona fide month-to-month or week-to-week lease only with at least 90 days’ written notice.

Could I really owe double rent for staying past my notice date?

Section 9-202 allows double the yearly value when a tenant wilfully holds over after a written demand for possession. The landlord must sue to recover it, and a court decides whether the holdover was wilful.

Your next step: confirm whether your address is in Chicago, Evanston, Oak Park or suburban Cook County, then give or check notice in writing under the rule that applies. Compare states on our month-to-month lease laws by state page, read the Illinois security deposit law guide before you move, and see our Chicago tenant rights page for city-specific protections. This page is general information, not legal advice; for help, use LSC’s legal aid finder or Illinois Legal Aid Online.

Sources

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