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

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

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.

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Attorney answers 1

Posted

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 advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

Asker

Posted

the problem I have with this is that yes the lease went to month to month and behind my back she entered into a new lease then verbally terminated it subjecting all of us to 6500 dollars of early lease termination fees without discussing any of it with us the actual tenants in the house as she is a tax paying resident of florida. Yes she was making the rent payments they were coming out of the business account here in Chicago that I was managing as part of my pay package. I was still working for her in the same capacity when she pulled this without my knowledge or permission or anything in writing. Subsequently I ended up with a 1700 dollar a month pay cut and no home by her actions and now the landlord is attempting to collect money I don't feel I owe because I never agreed to get back into a yearly lease.

Asker

Posted

nor did I say I wanted to terminate the month to month in fact I didn't want to move out at all

Barry Cahn Boykin

Barry Cahn Boykin

Posted

Yes, I understood that you didn't want to move, however the key point is that the time to challenge the authority of the mother-in-law to bind the tenants was much earlier and at a minimum a written lease in July 2011 should have been requested. The issue is not the unwanted move, but the question as to whether there is joint liability because of the mother-in-law's actions --from a legal standpoint, generally speaking.

Asker

Posted

unfortunately I did not even know she entered into a new lease or gave notice to move out may 1 until she came into town and started packing the house and had movers pulling everything out mid april 2013...when I said this was done underhandedly I wasn't kidding and now I've just received notice of the 6500 dollar early termination fees the landlord wants for her actions.

Asker

Posted

and since she also pulled part of my pay away from me without notice even though I've continued to do my job I am also thinking of looking into what I can do from an employment standpoint. as well. Mother-in-law or not to me this is beyond stealing especially since I've done my level best to save her failing businesses and have her in a position to expand now. She's one of those people that thinks the rules apply to everyone but her and my husband agrees that this time her underhanded ways need to get the better of her....sad for an only child to think about his own mother but unfortunately she usually gets away with this sort of stuff.

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