Under what circumstances can I break my month-to-month lease without being liable for not giving a 30 days notice?

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Under what circumstances can I break my month-to-month lease without being liable for not giving a 30 days notice?

I’ve had a recent falling out with my 2 roommates and due to this they don’t want me there as much as I don’t want to be there. I’ve dealt with my landlord/roommate not fixing the water heater on various occasions, and the most recent events caused me to not go home for almost 2 weeks. I just told them that I’ve decided to move out because of the environment that exists and that I don’t want to be a part of it, they couldn’t have agreed more with my decision and wanted me to be gone as well. Because we all mutually understand each other, does this effect the terms of the agreement?

Asked on September 27, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have a written lease for the unit that you are renting, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

In all likelihood, the falling out that you mention with one of your roommates does not in and of itself justify factual, let alone legal grounds for the termination of your month-to-month lease by not giving the required thirty (30) day notice to the landlord.

I recommend that if you want to terminate your lease, you immediately give the required thirty day notice to your landlord to end it keeping a copy of the notice to terminate the lease for future need.

Good luck.


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