I have been paying rent on time and maintaining the property. The lease claims it is a DuPage County Board of Realtors Residental Lease, however the terms and conditions do not match. I do not want to sign this new lease and was happy under the old lease terms which were still somewhat unreasonable, but protected both parties.
Real Estate Attorney
In most jurisdictions, absent a term in the original lease to the contrary, when the term of a lease has expired, but the tenant remains in possession of the property, a month-to-month lease is in effect. This month-to-month lease can be terminated by either party upon one month's notice. Your landlord would argue notice was given 3 months after the termination of the original lease when she provided you with the new lease, but this is probably not sufficient under most local eviction laws to constitute notice.
If you do not agree with the new terms your only real option is to try to negotiate different terms with the landlord. If the landlord is unwilling to accept your terms you can refuse to sign the lease and continue to pay rent on a month to month basis. Your landlord will have to provide you with proper notice that she wants you to move out of the premises and you will typically have 30 days to move out.
If your landlord provides you with notice as required by your jurisdiction along with your new lease, then you would have 30 days from that date to either accept the terms or move out. If you are on good terms with your landlord it is in both of your interests
1 found this helpful