Can I go after my landlord and mother-in-law for underhandedly removing me from my rental lease?

Asked over 1 year ago - Bloomingdale, IL

In July of 2010, I signed a 1 year lease with mine first, my husbands second and my mother in laws name on it for the rental of a house in dupage county Illinois. All the utilities of that property were in my name alone. I alone was the only tenant with that address on my drivers license. My Mother-in-law actually is a resident of Florida and would stay at the house on occasion for work purposes but had no mail or actual listing as a person that resided in the property except for her name on the first lease. In july of 2011 no new lease was given to any of us and the first lease had no mention of automatic renewal on payment of the rent on august 1 2011. For all of 2011 and up until September of 2012 we actually had no lease at all. Sometime in September of 2012 the landlord brought over

Additional information

a new lease without my knowledge or name on it which my mother in law signed and then in February of 2013 proceeded to terminate early and also give notice without my knowledge or consent that the house would be vacant may 1... I have been forced out of my home do I have recourse against them as I am now basically living from place to place having had no notice or money to make such a move last minute.

Attorney answers (1)

  1. Barry Cahn Boykin

    Contributor Level 16

    Answered . If, in fact, the landlord has regained possession, then it may be too late to fight the issue. At the time that there was no lease, the arrangement became a month-to-month. That was the best time to request a renewal of the written lease. The question is whether the mother-in-law had the authority to bind all the occupants of the property, and it may be construed that she did if she was making rent payments or had other direct dealings with the landlord.

    In a manner of speaking, as there was no written lease since July 2011, there cannot be any reliance on the lease of July 2010 as it expired on its own terms and the occupants were vulnerable to a termination of the arrangement at any time upon proper notice--usually 30 days.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

Breaking a lease agreement

Breaking a lease is considered a breach of contract, and you may have to pay a penalty to do so, unless the law prohibits penalties for your specific situation.

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