Cal. Civ. Code § 7
Effect of Unsigned Lease. If the tenant shall fail to sign a written lease which has been signed and tendered to him by the owner and shall further provide the owner with a rejection in writing of such offer, the tenant's continuation of possession and payment of rent without reservation shall constitute an acceptance of the lease with the same effect as if it had been signed by the tenant
Operative Text
Effect of Unsigned Lease. If the tenant shall fail to sign a written lease which has been signed and tendered to him by the owner and shall further provide the owner with a rejection in writing of such offer, the tenant's continuation of possession and payment of rent without reservation shall constitute an acceptance of the lease with the same effect as if it had been signed by the tenant.
Under 765 Ill. Comp. Stat. 742, when an owner signs a written lease and presents it to a tenant, and the tenant neither signs it nor formally rejects it in writing, the tenant's continued occupancy and payment of rent without reservation is treated as full acceptance of that lease — carrying the same legal weight as a signed document. In other words, silence combined with continued tenancy can bind a tenant to lease terms they never put their signature on. The rule creates a clear two-part escape: a written rejection of the offer breaks the implied-acceptance chain.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 742, operators who tender a signed written lease to a tenant and receive neither a countersignature nor a written rejection should be aware that the tenant's continued possession and rent payments may constitute binding acceptance of that lease. Compliant property managers typically document when a lease was presented, track whether a written rejection was received, and retain records of rent payments made after tender. Keeping clear paper trails around lease delivery and any written communications from the tenant helps establish the status of the tenancy under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
765 Ill. Comp. Stat. 742 means that if a landlord hands you a signed lease and you continue living in the unit and paying rent without formally rejecting the offer in writing, Illinois law may treat you as having accepted all the terms of that lease. Tenants who receive a lease they do not wish to accept generally have the option of providing a written rejection to the owner, which this provision specifically recognizes as a way to avoid implied acceptance. If you believe you have been bound to lease terms under circumstances that may not comply with this statute, tenant-rights organizations or a housing attorney can help you understand the options available under Illinois law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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