My lease required 60 days notice to the management whether I would move out at the end of the current lease or sign a new contract. I informed the leasing company prior to 60 days that I could not afford the new rate. I then stated that if they could provide an affordable rate, I would resign. I received a rate 8 days later, which I said I needed to think about and was also told by them that I did not need to submit anything if I did not want to sign the new lease at the new rate. Feeling that the new rate was not affordable, I submitted nothing to them. Months later, they are saying that I owe them a month to month fee per the lease because I did not provide proper notice. Clearly this is not what happened. What are my options now that they want to turn the fees over to a credit agency?
Landlord / Tenant Lawyer
You should have an attorney review the correspondence. In most residential rentals in Chicago there is a rule that no lease can require the tenant to give a longer period of written notice to terminate the lease than the landlord, unless it is disclosed in a separate written notice. The landlord only has to give the tenant 30 days' notice in advance in writing to not renew a lease. So, if your lease required you to give 60 but not the landlord, perhaps that is an issue you could work off of. All that aside, if you did in fact give the 60+ day required notice and did not really withdraw it, that might also help you. It depends a lot on what the written correspondence looks like, and if this property was covered by the Chicago Ordinance or not.
This information is general and does not constitute legal advice, or create an attorney client relationship.
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State, Local, and Municipal Law Attorney
I agree with Mark's answer. It sounds like you complied with the 60 day requirement. Furthermore, you may have protections under the Chicago Landlord-Tenant Regulations.
I recommend sending a written response to the landlord/management company indicating that you disagree with their assessment - and you complied with the lease. Also indicate that you dispute the fees they are trying to charge.
Please note that this is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in IL. Please visit www.msclawfirm.com for more information about our law firm and services. Thank you. Mahoney, Silverman & Cross, LLC