Understanding Leases: Holdover - What Happens When A Tenant Stays Past the Lease Termination Date?
What happens when a tenant stays in their rented home without the landlord's permission? This is known as "holdover," and it's important to know the rules.
- Landlord needs to give the proper 30-day notice of nonrenewal.
- Tenant must move out.
- If the tenant does not move out, then the landlord may file an eviction or consider the tenant a holdover tenant.
Evanston Law: If the tenant's holdover is on purpose and "wilful," the landlord can claim extra compensation in court. The landlord can ask the judge for an amount equal to either two months' rent or double the damages they suffered, whichever is greater. Additionally, the landlord can also request reasonable attorney fees. Section 5-3-8-1 of the Evanston RLTO.
Illinois Law: A landlord can also demand possession of the unit in writing. When the tenant doesn't move out, then the landlord can claim that the tenant is a "holdover tenant" and charge double the monthly rent every month the tenant continues to live in the unit. 735 ILCS 5/9-202 and 203.
NOTE: If the landlord agrees to let the tenant stay longer, different rules apply. If no new lease is signed and the landlord accepts rent, then the tenant now has a verbal month-to-month lease.
When the landlord gives written notice, it's time to move out unless the landlord says it's okay to stay longer.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.