How are holdover tenancies treated in Illinois?

In Illinois, holdover tenancies are treated as month-to-month leases. This means that when a tenant remains in possession of the property after their lease has expired, their tenancy is automatically converted to a periodic tenancy, typically on a month-to-month basis, unless otherwise specified in the original lease agreement.

This designation is significant because it provides both the landlord and the tenant with certain rights and responsibilities. For instance, a month-to-month tenancy allows either party to terminate the agreement with proper notice, usually 30 days. This flexibility can benefit both landlords, who may wish to regain possession for various reasons, and tenants, who might need more time to find a new place after their original lease ends.

In contrast, other treatment options such as fixed-term leases, illegal tenancies, and those requiring immediate eviction do not accurately reflect the nature of holdover tenancies in Illinois law. A holdover tenant is not considered to be in violation of the law simply for remaining past their lease term, given that they can enter into a month-to-month agreement by default.