What Are a Tenant's Rights for Lease Renewals?

When the Chicago Residential Landlord and Tenant Ordinance applies:

The landlord cannot require a tenant to renew a rental agreement more than ninety (90) days prior to the termination date of your current rental agreement.

If the landlord violates this provision, a tenant can sue the landlord and get one month’s rent or actual damages, whichever is greater.

Unfortunately, the RLTO does not specify how much time a landlord must give a tenant to accept the new lease. For example, during the lawful (90) ninety day period, the landlord can still pressure a tenant to sign the new agreement quickly, for example, by giving only one week to accept the new lease or face non-renewal.

When the Chicago Residential Landlord and Tenant Ordinance does NOT apply:

The tenant does not have other county or state protections. So, the landlord has no limitations on when they can require a tenant to renew a lease or how much time they need to give a tenant to accept a new lease.

What if the tenant refuses to renew the lease?

• If the tenant notifies the landlord that they will move out instead of renew the lease, then the landlord has an argument that they do not need to give an extra notice of non-renewal. If the tenant does not move out, then the landlord can demand possession of the unit in writing. Then, the landlord can claim that the tenant is a "holdover tenant" and charge double the monthly rent for every month the tenant continues to live in the unit. 735 ILCS 5/9-202 and 203.
• If the tenant notifies the landlord that they will move out instead of renew the lease, but the tenant doesn't move out and instead the landlord accepts regular rent, then the tenant has a verbal month-to-month lease.