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Senior Living early room clean out on verbal agreement

Discussion in 'Other Residential Landlord & Tenant Issues' started by rprastein, Aug 29, 2019.

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  1. rprastein

    rprastein Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    My dad was living in a senior community in Hoffman Estates IL. It was an annual lease, and because he was becoming less independent, we moved him out early to stay with me in California. I fully expected to pay 3 mo additional rent to finish out the lease and let my brother in law cleaning out the apartment. I notified the facility via email a month ahead of the planned move out.

    On the day I left with my dad, I let the marketing staff know we were headed out and the plan with my brother in law. The Director of Marketing pulled me aside to tell me that because business was good and people were waiting for apartments, if we emptied out the apartment early and gave them permission to enter the apartment and make repairs so they could turn it over, that we wouldn't have to pay the rest of the rent from when we did that. I told him I thought my brother in law woul probably have the rented furniture picked up some time in June, and the apartment emptied in July, and that I would tell him to bring them the keys when he had finished, so they could have access. I did not get anything in writing.

    My brother in law works full time and has a disabled wife to care for, but did manage to get the apartment empty and keys turned in by end of July. But my dad was charged for August rent anyway (auto pay), and has received a bill for September (last month of the lease). I emailed Marketing Dept and was told the lease is through September, which I know. Email reply was cc'd to the Director of Marketing, who never responded. He is not returning phone calls, either. Front desk says the apartment has workers in it doing repairs, and does not yet have a new tenant.

    Does my father have any recourse? (I have POA). The amount in question is about $3200/mo x2. Brother in law definitely would not have busted his butt in July heat to empty the apartment had he known there was no incentive.

    Thanks.

    addendum: Dir of Marketing returned my call and says I misunderstood, and that he told me if a new tenant signs a lease before dad's is up, THEN we're not responsible for rent while it's rented to someone else. But I already knew that. That is why I was surprised he said it was based on when they could get in to make repairs.
     
    Last edited: Aug 29, 2019
  2. army judge

    army judge Super Moderator

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    If an agreement isn't memorialized (as in proper written form and acknowledged or agreed to thereon), if the matter is later contested, it becomes a person A said versus person B said.

    Bottom line, if you can't prove it, and the other party refuses to acknowledge the veracity of your claims, it never happened.

    I suggest that someone pay the charges your father lawfully owes.

    The longer you delay, the more you allow your father to be charged.

    I wish you and your father all the best.

    As one who lost his father and mother, nothing is more valuable than the companionship, love, laughter, and conversations you can have daily with your father.

    Pay the money, enjoy your dad, live a happy life free of legal drama.

    In the future, get it in writing to avoid ducking, dodging, slipping, hiding, shucking, jiving, and prevaricating.
     
  3. zddoodah

    zddoodah Well-Known Member

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    With nothing in writing, the terms of the written lease are almost certain to control.

    On the positive side, unless your father left assets or income sources in Illinois, the chances that the home can sue and collect are pretty slim.
     
  4. rprastein

    rprastein Law Topic Starter New Member

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    He has automatic payments set up and only one month left on the lease, so we won't be withholding anything. On the positive side, the marketing dir spoke to his executive dir and then called me back. They do have a new tenant waiting for them to finish repairs, and per phone call (still nothing in writing), will be refunding my dad 14 days'. rent It's not worth pursuing further and is as good as I think I could realistically have hoped for.
     

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