Tenant lease ending 9-30-22
Hello,
I just purchased a 6 flat in Chicago. I have a tenant that has a lease ending on 9-30-22 and I do not want to renew and would like them to move out. Is anything besides 30-day notice required? Is email notification sufficient or do I need to post it on their door?
Hi Bob,
Chicago resident here and I am involved in the regulatory side of things so I would point you to the city’s Fair Notice ordinance passed in 2020. It says you must provide 60 days notice if they’ve lived there for more than 6 months but less than three years. If less than six months, 3o days notice is required. If more than three years, 120 days notice is required. I believe email is sufficient but maybe double check on that.
It's important to know your law, one of the biggest failings of amateur investors.
Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.
How long has the tenant lived in the unit? @Chris Kane is correct with the notice requirements and below is the language from the 2022 CAR lease.
"21. Notices. Any legal notice or demand may be served by tendering it to any
person thirteen years old or older residing on or in possession of the Premises; or
by certified mail addressed to Tenant, return receipt requested; or by posting it upon
the Premises door, if no authorized person under the Lease is in possession of the
Premises. Further, except when a statue or ordinance requires notice to be sent by
a particular means, Tenant agrees that all Tenant and building notices may be
delivered by electronic communication (e-mail) to any e-mail address listed on page
1 for Tenant. This is including but not limited to, late rent notices, notices of entry,
fine notices, building maintenance updates, and lease renewal options. Tenant
agrees to inform Landlord immediately in writing of any email address change."
So if you want to cover all your bases you should post the notice on their entry door and send a email. However technically if you're owner occupying a 6-unit or less you are exempt from the ordinance.
While owner-occupied buildings with 6 or fewer units are exempt from the RLTO, they are not exempt from the Fair Notice Ordinance. The notice periods I cited still apply.