Comments on: Leases – FAQ http://www.tenants-rights.org/leases-faq/ tenants helping tenants improve their lives since 1981 Wed, 19 Jun 2013 14:32:38 -0800 hourly 1 http://wordpress.org/?v=3.4.2 By: John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-125762 John Bartlett Thu, 13 Jun 2013 15:19:53 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-125762 If you have a lease that goes until November the landlord cannot change the terms of the lease unless there is a clause that allows the landlord to terminate the lease early. If there is a clause that allows the landlord to terminate the lease and not the tenant then it would have to be in a separate addendum that the tenant signs. If there is no such clause then the landlord cannot change the term or rules of the lease until the lease ends. No you do not have to sign the new lease and should not sign the new lease as you will be in violation of the agreement. The new owner has to abide by the current lease. If you have a lease that goes until November the landlord cannot change the terms of the lease unless there is a clause that allows the landlord to terminate the lease early. If there is a clause that allows the landlord to terminate the lease and not the tenant then it would have to be in a separate addendum that the tenant signs. If there is no such clause then the landlord cannot change the term or rules of the lease until the lease ends. No you do not have to sign the new lease and should not sign the new lease as you will be in violation of the agreement. The new owner has to abide by the current lease.

]]> By: Tanya http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-125542 Tanya Wed, 12 Jun 2013 14:18:56 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-125542 Hello, The building I live in was sold Mid May. Every tenant had their deposits returned in a cashiers check under the door. After several days I called the new management and asked if they would be taking the deposits back. Eventually the Manager of the building called me back and said "No. They would not be renewing any leases but that they were willing to extend leases till Feb. 28, 2014. My lease is up November 30, 2013 and I do not want to extend my lease. I am willing to move. Recently the management slipped a new lease between my door knob with extreme provisions, i.e. no dogs. (I have two) with the lease date begining July 1, 2013 - Feb. 28, 2014. Can I be forced to leave before my lease is up? Or forced to sign this new lease? Hello,

The building I live in was sold Mid May. Every tenant had their deposits returned in a cashiers check under the door. After several days I called the new management and asked if they would be taking the deposits back. Eventually the Manager of the building called me back and said “No. They would not be renewing any leases but that they were willing to extend leases till Feb. 28, 2014. My lease is up November 30, 2013 and I do not want to extend my lease. I am willing to move. Recently the management slipped a new lease between my door knob with extreme provisions, i.e. no dogs. (I have two) with the lease date begining July 1, 2013 – Feb. 28, 2014. Can I be forced to leave before my lease is up? Or forced to sign this new lease?

]]> By: John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-123709 John Bartlett Mon, 03 Jun 2013 16:52:23 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-123709 I would check the lease to see if it says anything. If not then yes, the lease turns into a month to month agreement. I would check the lease to see if it says anything. If not then yes, the lease turns into a month to month agreement.

]]> By: John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-123698 John Bartlett Mon, 03 Jun 2013 16:21:04 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-123698 Did the you or the landlord ever provide any written document to each other stating that the lease would end as of May 31. If not then it seems like there is a difference of opinion as to whether the month to month agreement would end on May 31. You could start with a letter stating Chicago law requires a written notice to terminate the tenancy. None was provided. This is a written notice that you will be out on July 1. The one problem that you could face if this turns ugly is the landlord could try and hold you responsible for the next month because the law also requires a 30 day notice. It would also mean that the landlord would have to try and rerent the unit. Did the you or the landlord ever provide any written document to each other stating that the lease would end as of May 31. If not then it seems like there is a difference of opinion as to whether the month to month agreement would end on May 31. You could start with a letter stating Chicago law requires a written notice to terminate the tenancy. None was provided. This is a written notice that you will be out on July 1. The one problem that you could face if this turns ugly is the landlord could try and hold you responsible for the next month because the law also requires a 30 day notice. It would also mean that the landlord would have to try and rerent the unit.

]]> By: Patricia http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-123677 Patricia Mon, 03 Jun 2013 13:35:59 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-123677 My family and I am currently renting a home and do not have a written lease for 2013 due to the fact the owners wanted to sell their home this year. We pay rent on time every month. In February, the owners indicated they wanted sell their home in the spring around may. We did not have a problem with that. We informed them that we may be able to move out by May 31st if we found a place. Unfortunately, we could not find a place to move out by May 31st (the date that we verbally agreed on with terms if we found something). We informed the landlord that we did find a place and it will be ready on July 1st. We told them that we can move out June 30th. The landlord insisted that we move out no later than June 8th. Since we do not have a written lease, can the landlord force us to move out by June 8th even though we have paid rent for May. We event told them that we have no place to go, but they insisted. they have contractors coming to do some work. They refuse to work with us for our June 30th move out day. What are our options. My family and I am currently renting a home and do not have a written lease for 2013 due to the fact the owners wanted to sell their home this year. We pay rent on time every month. In February, the owners indicated they wanted sell their home in the spring around may. We did not have a problem with that. We informed them that we may be able to move out by May 31st if we found a place. Unfortunately, we could not find a place to move out by May 31st (the date that we verbally agreed on with terms if we found something). We informed the landlord that we did find a place and it will be ready on July 1st. We told them that we can move out June 30th. The landlord insisted that we move out no later than June 8th. Since we do not have a written lease, can the landlord force us to move out by June 8th even though we have paid rent for May. We event told them that we have no place to go, but they insisted. they have contractors coming to do some work. They refuse to work with us for our June 30th move out day. What are our options.

]]> By: Lisa http://www.tenants-rights.org/leases-faq/comment-page-2/#comment-123272 Lisa Sat, 01 Jun 2013 23:37:38 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-123272 Hi- I signed a 12 month lease that expires at the end of this month. I live in Chicago and am covered by Chicago ordinance. My landlord has not sent me notice that she wouldn't be renewing my lease ... actually we haven't talked at all about this. If June 30th comes and I don't sign a lease or make any verbal agreements, do I move to a month to month automatically? Thanks, Hi-
I signed a 12 month lease that expires at the end of this month. I live in Chicago and am covered by Chicago ordinance. My landlord has not sent me notice that she wouldn’t be renewing my lease … actually we haven’t talked at all about this. If June 30th comes and I don’t sign a lease or make any verbal agreements, do I move to a month to month automatically?
Thanks,

]]> By: John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-122413 John Bartlett Tue, 28 May 2013 18:49:11 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-122413 I am not sure what the laws are regarding bad checks nor what your lease states. When you gave the landlord a second check, did you provide them with any written instructions such as not to run the previous check through or if they did to cancel this check. In the future it is best not to give a second check until the first check is cancelled. It is best to get everything in writing ie the landlord is requesting that you issue a second check and cancel the first check. I am not sure what the laws are regarding bad checks nor what your lease states. When you gave the landlord a second check, did you provide them with any written instructions such as not to run the previous check through or if they did to cancel this check. In the future it is best not to give a second check until the first check is cancelled. It is best to get everything in writing ie the landlord is requesting that you issue a second check and cancel the first check.

]]> By: Angela http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-121776 Angela Sat, 25 May 2013 19:12:07 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-121776 I was able to find a new sublet for the unit incredibly quickly and they signed a lease yesterday. I am now running into a new situation. The rent check I paid was a bad check so it got returned. It went through the second time, but between the first and the 2nd time I wrote them a new check not knowing that the first would be processed twice. They are now attempting to cash the 2nd check even though they received the funds and on top of that trying to charge me their bank fees even though they've already received the rent. I've been charged my own fees because they keep trying to cash the 2nd check. I've told her repeatedly that the check won't go through because they already cashed the first one and she stated she would issue me a refund she didn't do that and now is trying to blame me for it all and make me pay all their fees. I'm placing a stop on the check after the holiday but now I'm concerned that they are going to find a way to not return my security deposit even though there would be no reason not to. She's lied to me and misled me multiple times, and I'm worried about what else she's going to try to charge me for and if I even have any rights in the situation. I feel like now they are trying to keep both checks and will keep my security deposit too. I was able to find a new sublet for the unit incredibly quickly and they signed a lease yesterday. I am now running into a new situation. The rent check I paid was a bad check so it got returned. It went through the second time, but between the first and the 2nd time I wrote them a new check not knowing that the first would be processed twice. They are now attempting to cash the 2nd check even though they received the funds and on top of that trying to charge me their bank fees even though they’ve already received the rent. I’ve been charged my own fees because they keep trying to cash the 2nd check. I’ve told her repeatedly that the check won’t go through because they already cashed the first one and she stated she would issue me a refund she didn’t do that and now is trying to blame me for it all and make me pay all their fees. I’m placing a stop on the check after the holiday but now I’m concerned that they are going to find a way to not return my security deposit even though there would be no reason not to. She’s lied to me and misled me multiple times, and I’m worried about what else she’s going to try to charge me for and if I even have any rights in the situation. I feel like now they are trying to keep both checks and will keep my security deposit too.

]]> By: John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-120811 John Bartlett Tue, 21 May 2013 14:44:35 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-120811 It does not sound like the landlord is trying to mitigate your damages. I cannot say whether to put the unit on the MLS. I do not know ow many renters use that to find an apartment. Does the owner live in the building? If not did the landlord attach a summary of the Chicago landlord and tenants ordinance to the lease. If the landlord did not then you can terminate the lease effective June 1. Otherwise another option is to write t he landlord a letter stating as you have stated in previous letters you have to leave your lease early and will not be able to pay any rent starting June 1. You asked about subletting and they have not provided you with the information to do so and have not tried to show the unit despite your requests to do so. The law requires that the landlord attempt to mitigate your damages and you feel they have not done so. There may be other ways to pressure the landlord around the security deposit. Finally have you put an ad on Internet? That tends to be a more cost effective way to advertise. It does not sound like the landlord is trying to mitigate your damages. I cannot say whether to put the unit on the MLS. I do not know ow many renters use that to find an apartment. Does the owner live in the building? If not did the landlord attach a summary of the Chicago landlord and tenants ordinance to the lease. If the landlord did not then you can terminate the lease effective June 1. Otherwise another option is to write t he landlord a letter stating as you have stated in previous letters you have to leave your lease early and will not be able to pay any rent starting June 1. You asked about subletting and they have not provided you with the information to do so and have not tried to show the unit despite your requests to do so. The law requires that the landlord attempt to mitigate your damages and you feel they have not done so. There may be other ways to pressure the landlord around the security deposit. Finally have you put an ad on Internet? That tends to be a more cost effective way to advertise.

]]> By: Angela Melpolder http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-120635 Angela Melpolder Mon, 20 May 2013 21:56:44 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-120635 I notified my landlord that I would need to sublet my apartment, due to a new job and a paycut. They agreed to the sublet and I provided them with 5 weeks of notice. After two weeks the landlord had not showed the apartment and notified me that they wouldn't be showing the unit until the rent was received. I kept in constant contact with them about my financial situation and attempted to work something out with them in order to get the rent paid in full in time but they wouldn't respond to any attempts of communication. They never informed me that if the rent wasn't paid on time they wouldn't be able to show the unit. It is now 2 weeks to the date of my intended move out (June 1) and they still have only shown the unit one time. The first attempt to show the unit the landlord never even showed. I have tried continuously to get the information from them about the rental price (because they are going to start a new lease not a sublet, because there are only two months left on my lease) so that I could attempt to advertise for the apartment and find my own sublet/tenant for the unit and she has only just provided me with the information today after asking her for it at least 4 different times. Now she is saying that the apartment is not in "showing condition" because I have moving boxes and personal items in the apartment (I am still residing there)I have offered mulitiple times to show the unit for tenants and set up the showings for the people if she's not able to make it but she doesn't seem to want my help and has told me that "she'll take care of it" She told me today that if I wanted to have the unit on the MLS I could pay the fee for it which would be half a month's rent. I haven't seen any advertisements for the unit anywhere that I've seen and am now reaching the final weeks of the month and starting to worry that I'll be responsible for the June rent when she hasn't even made an effor to rent it. Now I'm 10 days away from the move out date and the unit has not been rented or even shown. What constitutes as a "good-faith" effor to get the apartment rented? And what are my rights? Is she doing what she's supposed to or should she be doing more? I notified my landlord that I would need to sublet my apartment, due to a new job and a paycut. They agreed to the sublet and I provided them with 5 weeks of notice. After two weeks the landlord had not showed the apartment and notified me that they wouldn’t be showing the unit until the rent was received. I kept in constant contact with them about my financial situation and attempted to work something out with them in order to get the rent paid in full in time but they wouldn’t respond to any attempts of communication. They never informed me that if the rent wasn’t paid on time they wouldn’t be able to show the unit. It is now 2 weeks to the date of my intended move out (June 1) and they still have only shown the unit one time. The first attempt to show the unit the landlord never even showed. I have tried continuously to get the information from them about the rental price (because they are going to start a new lease not a sublet, because there are only two months left on my lease) so that I could attempt to advertise for the apartment and find my own sublet/tenant for the unit and she has only just provided me with the information today after asking her for it at least 4 different times. Now she is saying that the apartment is not in “showing condition” because I have moving boxes and personal items in the apartment (I am still residing there)I have offered mulitiple times to show the unit for tenants and set up the showings for the people if she’s not able to make it but she doesn’t seem to want my help and has told me that “she’ll take care of it” She told me today that if I wanted to have the unit on the MLS I could pay the fee for it which would be half a month’s rent. I haven’t seen any advertisements for the unit anywhere that I’ve seen and am now reaching the final weeks of the month and starting to worry that I’ll be responsible for the June rent when she hasn’t even made an effor to rent it.

Now I’m 10 days away from the move out date and the unit has not been rented or even shown. What constitutes as a “good-faith” effor to get the apartment rented? And what are my rights? Is she doing what she’s supposed to or should she be doing more?

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