ILLINOIS MONTH-TO-MONTH LEASE AGREEMENT
PURSUANT TO 765 ILCS 705 (Landlord and Tenant Act)
This Lease Agreement (“Lease”) is entered by and between ______________________
(“Landlord”) and ______________________ (“Tenant”) on _______ (Date). Landlord
and Tenant may collectively be referred to as the “Parties.” This Lease creates joint and
several liabilities in the case of multiple Tenants. The Parties agree as follows:
PREMISES: Landlord hereby leases the premises located at _____________________
_________________________________ in the City of _________________, State of
Illinois, (the “Premises”) to Tenant.
LEASE TERM: The Lease will start on _____________________ and will continue as a
month-to-month tenancy. To terminate tenancy the Landlord must give the Tenant at
least written thirty (30) days’ notice of Lease non-renewal. In addition, the Tenant must
give at least thirty (30) days’ notice of non-renewal. Either party must receive written
notification of non-renewal within the said timeframe. If the Tenant plans to leave on or
after the first of any month, they are responsible for that month’s full rent. If the Tenant
does not provide the Landlord with a written 30-day notice, they shall forfeit their full
deposit amount. Any such termination must be in accordance with Illinois Statute 735
ILCS 5.
LEASE PAYMENTS: Tenant agrees to pay to Landlord as rent for the Premises the
amount of ___________________________ dollars ($______________) each month in
advance on the 1
st
day of each month at ____ month of ___________________,
20_____ or at any other address designated by Landlord. If the Lease Term does not
start on the 1
st
day of the month or end on the last day of a month, the first and last
month’s rent will be prorated accordingly.
LATE CHARGES: Rent is due on the _____ of each month. If any or all of the rent is
not received by the ____ of the month, $____ per day will be charged as late fees until
full rental payment is received. If rent is not received by the ____ of the month, Tenant
will be considered in breach of the Lease Agreement and eviction proceedings will be
initiated.
INSUFFICIENT FUNDS: Tenant agrees to pay the charge of $____ for each check
given by Tenant to Landlord that is returned to Landlord for lack of sufficient funds.
SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord,
in trust, a security deposit of $_________ as security for the performance by Tenant of
the terms under this Lease and for any damages caused by Tenant, Tenant’s family,
agents and visitors to the Premises during the term of this Lease. Landlord may use part
or all of the security deposit to repair any damage to the Premises caused by Tenant,
Tenant’s family, agents and visitors to the Premises. However, Landlord is not just
limited to the security deposit amount and Tenant remains liable for any balance.
Tenant shall not apply or deduct any portion of any security deposit from the last or any
month’s rent. Tenant shall not use or apply any such security deposit at any time in lieu
of payment of rent. If Tenant breaches any terms or conditions of this Lease, Tenant
shall forfeit any deposit, as permitted by law.
DEFAULTS: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant
shall be in default of this Lease. Subject to any statute ordinance or law to the contrary,
Tenant shall have ____ days from the date of notice of default by Landlord to cure the
default. In the event Tenant does not cure a default, Landlord may at Landlord’s option:
a) cure such default and the cost of such action may be added to Tenant’s financial
obligations under this Lease; or b) declare Tenant in default of the Lease. In the event
of default, Landlord may also, as permitted by law, re-enter the Premises and re-take
possession of the Premises. Landlord may, at its option, hold Tenant liable for any
difference between the rent that would have been payable under this Lease during the
balance of the unexpired term, if this Lease had continued in force and any rent paid by
any successive Tenant if the Premises are re-let. In the event Landlord is unable to re-
let the Premises during any remaining term of this Lease, after default by Tenant,
Landlord may at its option hold Tenant liable for the balance of the unpaid rent under this
Lease if this Lease had continued in force. The failure of Tenants or their guests or
invitees to comply with any term of this Agreement is ground for termination of the
tenancy, with appropriate notice to Tenants and procedures as required by law.
QUIET ENJOYMENT: Tenant shall be entitled to quiet enjoyment of the Premises and
Landlord will not interfere with that right, as long as Tenant pays the rent in a timely
manner and performs all other obligations under this Lease.
POSSESSION AND SURRENDER OF PREMISES: Tenant shall be entitled to
possession of the Premises on the 1
st
day of the Lease Term. At the expiration of the
Lease, Tenant shall peaceably surrender the Premises to the Landlord or Landlord’s
agent in good condition, as it was at the commencement of the Lease, reasonable wear
and tear excepted.
USE OF PREMISES: Tenant shall only use the Premises as a residence. The Premises
shall not be used to carry on any type of business or trade without prior written consent
of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and orders
regarding the use of the Premises.
OCCUPANTS: Tenant agrees that no more than ____ persons may reside on the
Premises without prior written consent of the Landlord.
CONDITION OF PREMISES: Tenant or Tenant’s agent has inspected the Premises,
the fixtures, the grounds, building and improvements and acknowledges that the
Premises are in good and acceptable condition and are habitable. If at any time during
the term of this Lease, in Tenant’s opinion, the conditions change, Tenant shall promptly
provided reasonable notice to Landlord.
ASSIGNMENT AND SUBLEASE: Tenant shall shall not assign or sublease any
interest in this Lease. All sublease arrangement must be made with prior written consent
of the Landlord, which consent shall not be unreasonably withheld. Any assignment or
sublease without Landlord’s written prior consent shall, at Landlord’s option, terminate
this Lease.
DANGEROUS MATERIALS: Tenant shall not keep or have on or around the Premises
any item of a dangerous, flammable or explosive nature that might unreasonably
increase the risk of fire or explosion on or around the Premises or that might be
considered hazardous by any responsible insurance company.
UTILITIES ANDS SERVICES: Charge for electricity, telephone service, cable
television, heat, hot water, water, garbage pick-up, snow-removal and
lawn maintenance are services/utilities provided to the apartment are included as a part
of this Lease and shall be borne by the Landlord in addition to the following:
__________________________________________.
PETS: Tenant shall not keep any pets on the Premises without the prior written consent
of the Landlord. If Landlord grants permission to Tenant to keep pets, an additional
security deposit of $____ will be required by the Landlord to keep in trust for potential
damage to the Premises caused by Tenant’s pets.
ALTERATIONS AND IMPROVEMENTS: Tenant agrees not to make any improvements
or alterations to the Premises without prior written consent of the Landlord. If any
alterations, improvement or changes are made to or built on or around the Premises,
with the exception of fixtures and personal property that can be removed without
damage to the Premises, they shall become the property of Landlord and shall remain at
the expiration of the Lease, unless otherwise agreed in writing.
DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or
destroyed by fire or other casualty not due to Tenant’s negligence, the rent will be
abated during the time that the Premises are uninhabitable. If Landlord decides not to
repair or rebuild the Premises, then this Lease shall terminate and the rent shall be
prorated up to the time of the damage. Any unearned rent paid in advance shall be
refunded to Tenant.
MAINTENANCE AND REPAIR: Tenant will, at Tenant’s sole expense, keep and
maintain the Premises in good, clean and sanitary condition and repair during the term
of this Lease and any renewal thereof. Tenant shall be responsible to make all repairs
to the Premises, fixtures, appliances and equipment therein that may have been
damaged by Tenant’s misuse, waste or neglect, or that of the Tenant’s family, agents or
visitors. Tenant agrees that no painting will be done on or about the Premises without
the prior written consent of Landlord. Tenant shall promptly notify Landlord of any
damage, defect or destruction of the Premises or in the event of the failure of any of the
appliances or equipment. Landlord will use its best efforts to repair or replace any such
damaged or defective areas, appliances or equipment.
RIGHT OF INSPECTION: Tenant agrees to make the Premises available to Landlord or
Landlord’s agents for the purposes of inspection, making repairs or improvements, or to
supply agreed services or show the premises to prospective buyers or tenants, or in
case of emergency. Except in case of emergency, Landlord shall give Tenant
reasonable notice of intent to enter. Tenant shall not, without Landlord’s prior written
consent, add, alter or re-key any locks to the Premises. At all times Landlord shall be
provided with a key or keys capable of unlocking all such locks and gaining entry.
Tenant further agrees to notify Landlord in writing if Tenant installs any burglar alarm
system, including instructions on how to disarm it in case of emergency entry.
HOLDOVER: In the event Tenant remains in possession the Premises for any period
after the expiration of the Lease Term (“Holdover Period”) a new month-to-month
tenancy shall be created subject to the same terms and conditions of this Lease at a
monthly rental rate of the same in this agreement unless otherwise agreed by the Parties
in writing. Such month-to-month tenancy shall be terminable on thirty (30) days notice
by either Party or on longer notice if required by law.
ABANDONMENT: If Tenant abandons the Premises of any personal property during
the term of this Lease, Landlord may at is option enter the Premises by any legal means
without liability to Tenant and may at Landlord’s option terminate the Lease.
Abandonment is defined as absence of the Tenants from the Premises for at least ____
consecutive days without notice to Landlord. If Tenant abandons the Premises while the
rent is outstanding for more than ____ days and there is not reasonable evidence, other
than the presence of the Tenants’ personal property, that the Tenant is occupying the
unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain
possession in the manner prescribed by law. Landlord will dispose of all abandoned
personal property on the Premises in any manner allowed by law.
EXTENDED ABSENCES: In the event Tenant will be away from the Premises for more
than 7 consecutive days, Tenant agrees to notify Landlord in writing of such absence.
During such absence, Landlord may enter the premises at times reasonable necessary
to maintain the property and inspect for damages and needed repairs.
SECURITY: Tenant understands that Landlord does not provide any security alarm
system or other security for Tenant or the Premises. In the event any alarm system is
provided, Tenant understands that such alarm system is not warranted to be complete in
all respects or to be sufficient to protect Tenant on the Premises. Tenant releases
Landlord from any loss, damage, claim or injury resulting from the failure of any alarm
system, security or from the lack of any alarm system or security.
SEVERABILITY: If any part of this Lease shall be held unenforceable for any reason,
the remainder of this Agreement shall continue in full force and effect. If any provision of
this Lease is deemed invalid or unenforceable by any court of competent jurisdiction,
and if limiting such provision would make the provision valid, then such provision shall
be deemed to be construed as so limited.
INSURANCE: Landlord and Tenant shall each be responsible to maintain appropriate
insurance for their respective interests in the Premises and property located on the
Premises. Tenant understands that Landlord will not provide any insurance coverage for
Tenant’s property. Landlord will not be responsible for any loss of Tenant’s property,
whether by theft, fire, riots, strikes, acts of God or otherwise. Landlord encourages
Tenant to obtain renter’s insurance or other similar coverage to protect against risk of
loss.
BINDING EFFECT: The covenants and conditions contained in the Lease shall apply to
the Parties and the heirs, legal representatives, successors and permitted assigns of the
Parties.
GOVERNING LAW: This Lease shall be governed by and construed in accordance with
the laws of the State of Illinois.
ENTIRE AGREEMENT: This Lease constitutes the entire Agreement between the
Parties and supersedes any prior understanding or representation of any kind preceding
the date of this Agreement. There are no other promises, conditions, understandings or
other Agreements, whether oral or written, relating to the subject matter of this Lease.
This Lease may be modified in writing and must be signed by both Landlord and Tenant.
NOTICE: Any notice required or otherwise given pursuant to this Lease shall be in
writing and mailed certified return receipt requested, postage prepaid, or delivered by
overnight delivery service, if to Tenant, at the Premise and if to Landlord, at the address
for payment of rent. Either party may change such addresses from time to time by
providing notice as set forth above.
CUMULATIVE RIGHTS: Landlord’s and Tenant’s rights under this Lease are cumulative
and shall not be construed as exclusive of each other unless otherwise required by law.
WAIVER: The failure of either Party to enforce any provisions of the Lease shall not be
deemed a waiver of limitation of that Party’s right to subsequently enforce and compel
strict compliance with every provision of this Lease. The acceptance of rent by Landlord
does not waive Landlord’s right to enforce any provisions of this Lease.
INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold
Landlord and Landlord’s property, including the Premises, free and harmless from any
liability for losses, claims, injury to or death of any person, including Tenant, or for
damage to property arising from Tenant using and occupying the Premises or from the
acts or omissions of any person or persons, including Tenant, in or about the Premises
with Tenant’s express or implied consent except Landlord’s act or negligence.
LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in
the performance of any covenants in the Lease and the Landlord engages an attorney or
institutes a legal action, counterclaim, or summary proceeding against Tenants based
upon such violation or default, Tenants shall be liable to Landlord for the costs and
expenses incurred in enforcing this Lease, including reasonable attorney fees and costs.
In the event the Tenants bring any action against the Landlord pursuant to this Lease
and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of
defending such action, including reasonable attorney fees and costs.
ADDITIONAL TERMS AND CONDITIONS:
DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent”
or “Vacancy” or similar signs on or about the Premises and enter to show the Premises
to prospective tenants during the last ____ days of this Lease. Tenant agrees that no
signs shall be placed on the Premises without the prior written consent of the Landlord.
NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the
Premises that might disturb the rights, comforts and conveniences of other persons. No
lounging or visiting will be allowed in the common areas. Furniture delivery and removal
will take place between _____a.m. and _____p.m.
PARKING: Tenant is granted not granted permission to use parking space(s) that
may be found at ____________________________ for the purpose of parking ____
motor vehicle(s) during the term of this Lease. Landlord is not responsible for, nor does
it assume any liability for damages caused by fire, theft, casualty or any other cause
whatsoever with respect to any car or its contents.
BALCONIES: Tenant shall shall not use balcony for the purpose of storage, drying
clothes, cleaning rugs or grilling.
BICYCLES: All bicycles owned by the Tenant shall be stored only in the areas
designated by the Landlord and not in any other parts of the building including the
hallways, entrances and lobbies.
LOCKING OF ENTRANCE DOORS: Landlord reserves the right to close and keep
locked all entrance doors of the building during such hours as the Landlord deems
advisable for the safety and protection of the building and its occupants. Tenant shall not
prop open any entrance doors.
DWELLING: Tenant is only entitled to occupy the dwelling listed above. This Lease
does not entitle the Tenant to use of any area outside of the dwelling including, but not
limited to, the attic, basement or the garage without written permission from the
Landlord. Tenant is not to paint any part of the apartment without prior written
permission from the Landlord.
WATER LEAKS: Tenant is to notify the Landlord immediately if Tenant notices any
running water in the faucets in the kitchen, bathroom-sink, bathtub or any other faucets.
If the toilet is running and does not shut off properly, Tenant is to notify Landlord
immediately. If Tenant does not notify Landlord of any water leaks and it is determined
that the water bill is in excess because of this leak, Tenant will be responsible financially
for paying the difference in the water bill.
IN WITNESS THEREOF, the Parties have caused this Lease to be executed on the day
and year first above written.
LANDLORD
____________________________________________
Signature
Name (print) _________________________________
TENANT(S)
_____________________________________________
Signature
Name (print) __________________________________
_____________________________________________
Signature
Name (print) __________________________________
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