I don’t have a lease, do I have to pay my landlord at the 1st of the month when I move out?
May 13th, 2011 | 
Author: My landlord (whom is an attorney) says I should have notified him 30 days of moving out instead of 13 days, and because of that, on the 1st of February, if I pay him February rent, he will give me my security deposit (which equals my rent).
But my question is, since I didn’t sign a lease with him, shouldn’t I be able to move out at the end of a month without having to notifying him a number like 30 days? He has 13 days in advance notification (normally it would say on the lease, but I don’t have 1).
This is Chicago, yes.
Okay thanks, 30 days it is.
Posted in Landlord Tenant Law
Technically you should’ve notified him 30 days in advance
if you have been living month to month you do have an agreement
it is called an implied lease you have to give him 30 days notice. but also he has to give a 30 day notice if he has to kick you out
see if you can agree on paying half months rent in this case that way it still will be a 30 day notice..
Key word “should have”. Landlords prefer 30 days notice when a tenant is moving out. It’s a courtesy to allow them time to replace the tenant. Payment is usually paid on the first of the month to cover the entire month (i.e. february 1st payment covers all of february) so that if you move out mid-february, you’ve already paid for that month. Since you have a month-to-month with him, and nothing was signed, payment is as you go. Since you didn’t sign a lease with him (or even if you did) you can move out whenever. It’s just frowned upon to not give the “proper” (30 day) notice.
It’s not really true you don’t have a lease. You have the basic Chicago tenant laws, which serve as your lease. One of these laws is a 30 days notice on either side. If he wanted you out, he would have to give you notice at the 1st of the month, and you own him the same notice. He is correct, you owe him.
It is best not to interpret your own rules, instead you should have asked here sooner, we would have advised you of the actual laws.
If he re-rents the apartment you might get more money back, because he can’t collect rent from two parties. But that’s not likely in the middle of winter. I do live in Chicago and work in apartment management.
you still have to give 30 day notice unless u & ur landlord come 2 an agreement. but if its equal 2 security you guys would just break even whats the point in paying him you should bring up that point or just stay the entire 30 days to get your moneys worth if you dont you will have to pay since you left before the 30 days