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Need some help here on rights. Extension, Renewal

Discussion in 'Commercial Landlord & Tenant Issues' started by Mwilkison, May 29, 2015.

  1. Mwilkison

    Mwilkison Law Topic Starter New Member

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    Texted my landlord about renewing my lease over the last several weeks. Three weeks ago she informs me ok, today 5/29 informs me I have had noise compliants, via text, with no formal notice before, and doesn't want to renew. Units downstairs loud all the time.

    She has also told me about evictions about other tenants over text when I have complained about the real noise people in recent weeks.

    Do I have any options, should I consult a lawyer?
     
  2. army judge

    army judge Super Moderator

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    Start by reading your lease, if you have a written lease.
    That will tell you how you can terminate the lease, and how the LL can terminate the lease.

    If you have no WRITTEN lease, you are on a month to month tenancy.
    In Illinois, a month to month tenancy can be terminated with a 30 day WRITTEN notice to the other party.

    These sites explains it further:

    http://www.illinois-attorney.com/forms/landlords-thirty-day-notice-to-terminate-a-tenancy/

    http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=854

    http://www.nolo.com/legal-encyclope...quirements-terminate-month-month-tenancy.html
     
  3. Mwilkison

    Mwilkison Law Topic Starter New Member

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    Yes I do have a written lease.
    Expires 7/1.

    So basically this is within the landlords right? They need no just cause?
     
  4. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    That is correct. Just as you do not need a reason if you would wish to not renew your lease...just adequate notice that it will not be renewed.

    Gail
     
  5. Mwilkison

    Mwilkison Law Topic Starter New Member

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    They are basically trying to base it on false accusations on noise compliants when it's from the other tenants. So I basically have no say and have to move since they don't want to renew.

    Mind you I was given no notices and she told me evictions of other tenants.
     
  6. army judge

    army judge Super Moderator

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    Do yourself a favor, leave within the 30 day period.
    Find a place with a landlord that is more concerned about maintaining a good rental property and super relations with her tenants.

    If you fight this, she'll probably file an eviction action against you.
    Even if you prevail at trial, the mere filing of an eviction can destroy your ability to rent decent housing for decades.
    Yeah, it ain't fair, it sucks, but that's the way it is.

    Is this how you want to live?
    If so, fight it, and receive the rewards of that decision.
     
  7. Mwilkison

    Mwilkison Law Topic Starter New Member

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    Should I pay rent for the month of June? Can't she just take this from the security deposit?

    I'm looking for a place already and hoping I can find one soon. It basically sounds like she's trying to clear the unit for new tenants because I'm not the only one she's targeting.

    I frankly think I can win in court since she just told me this via text today however I've never received a formal compliant from her.
     
  8. txls

    txls Well-Known Member

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    You may be able to win, but are you sure it's worth it in the long run? You are living in their house and if they want you out they can make your life miserable and you'll end up moving anyway.
     
  9. Mwilkison

    Mwilkison Law Topic Starter New Member

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    That's another thing I'm afraid of.. I might be able to win but I'm sure but they would make me miserable.
     
  10. army judge

    army judge Super Moderator

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    Remember that GF or BF, things suddenly went south, and you couldn't get away from her or him fast enough.

    This is very similar, just get out as fast as you can.
    Even if you prevailed in court THIS time, what about the days in between the next time, and the next time, etc???
    Plus, whatever you have in emails or text messages mean nothing.
    Why?
    You hold a written lease.
    If it ain't in the lease, it isn't part of the contract.
    Bottom line, those messages aren't relevant.
    Its the lease that rules supreme.

    I suggest you ask you LL if she will take the deposit in lieu of rent.
    Normally, it doesn't work that way.
    That's not why a deposit to required, its for damages after you leave, if there are damages.
     
  11. Mwilkison

    Mwilkison Law Topic Starter New Member

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    Exactly. However I don't feel I violated any terms of the lease. I was never presented with any written notice of any "noise compliants". Isn't she supposed to do that to prove I broke the lease. Ultimately it sucks , because basically she can break the lease for any reason.

    I did have the money for rent but now I need that to place towards moving since it was unplanned. I really am stuck between the rock and the hard place for this last month of rent.

    Basically, unless I want to fight it in court, it sounds like I'm out of options.


    On a side note... Are month to month leases good. I found a place that is offering that.
     
  12. Mwilkison

    Mwilkison Law Topic Starter New Member

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    Also, can I list this landlord? My rent is up to date and I was in good standing until I found out the bogus claim.
     
  13. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    "Also, can I list this landlord? My rent is up to date and I was in good standing until I found out the bogus claim"

    What is the point of listing this landlord?

    Do you not understand that either party (you or your landlord) has the right now to renew the lease?

    Look...I'll put it to you this way...just yesterday my partner I went to collect rent on a tenant we've had for the past six years. Not very well educated and no checking account (so we've always had to stop by and pick up the rent in cash); couple of times short on the rent and we've let it slide. In the years he and his wife have lived in our rental we've put in two new refrigerators, a new wall oven, a new smooth cook top (they broke the other one), a new HVAC system and converted their gas hot water heater to electric because they asked us to. Their adult children have dropped off grandkids over the years and there's been times I'm not certain how many people have been shacked up there. Never raised the rent in those six years.

    So...we go to collect rent and dad comes around the corner and announces "we're moving"..in two weeks. No written notice (as the lease states)...no 30 days notice (as the lease states)...oh, and no rent for this month because they've used the rent to pay for their new place and they "thought" they could just use their security deposit paid six years ago for this months rent...and since they're leaving in two weeks, could we please send them half their deposit back.

    Bill and I spent 15 minutes discussing the legal ramifications of the lease, the rent and the security deposit and it all came down to this....they claim they don't have any money for rent and they're moving. Goodbye, good luck, don't let the door hit you in the rear. We finally said just pack up ALL your stuff (the dead cars in the back yard, the appliances they BROUGHT to the place six years ago that have been covered in tarps in the back since then), the worn out clothes they can't throw away....take ALL this crap as you hit the road to your new place.

    Life goes on..

    Gail
     
    army judge likes this.
  14. army judge

    army judge Super Moderator

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    Your post is the perfect application of self help, leave it be, let it go; all rolled up into a bright, shiny, beautiful ball of "make it easy on yourself".
    You can't get a dollar when your defendant doesn't even have a dime.
    Plus, you've made a little money over the six years of renting to the Kallikaks and the Jukes.
     

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