Our tenants moved in pretty quickly as we were gullible enough to try to do a friend a favor. They are trying to renegade on a verbal agreement so we decided to draw up a formal written lease but now they are refusing to sign it saying we have to give them 30 days notice that we intend to draw up a lease. We live in Illinois. Is there such a law as this or can we draw up a lease at anytime? We are NOT making changes to a lease, just trying to impose a lease to protect all parties. Thanks!

This is close one. On one hand you are simply putting the verbal terms into writing. On the other hand, they have a point that since there was no original requirement of a written lease requiring one is a change in the terms of the rental and would require a 30 day notice. I believe a court would agree with them.

However, since there is no written lease they are considered a month to month tenant. If they are going to play games like that you probably do NOT want them as tenants. So I would prepare a termination of lease notice. I would go to them tomorrow and say to them that you have prepared a lease to protect BOTH your interests. If they are unwilling to sign the lease then you don't want them as a tenant so hand them the termination of lease notice giving then 30 days to vacate.

Thanks! We will be drawing up the 30 day notice to vacate tonight. You are right, we do not want them as tenants. We were just trying to help a young couple starting (both 18 and pregnant). Apparently instead of being grateful they decided to take advantage of the situation and then start playing games when we wouldn't give in to their demands.

Good luck and keep us posted.