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My lease is up 3-31-12, was told he's not renewing my lease. Not in writing, a phone call. What if I cant find a place by then?

Skokie, IL |

Ive been here for 3 years . He just bought the building 2 months ago . I have a cat and small dog , Its very hard to find a suitable place . Also , I just started a new job after being unemployed for 6 months so money is extremely tight . A new place will cost quite a bit after deposits etc . and to be honest , I just don't have the money . When he bought the building , He said he didn't want me to move out , so I was under the impression that I had no worries about it . I'm looking for a place , but what if I cant get into it until May 1st ? Do I have to live in my car ? What about my stuff ?

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Attorney answers 4

Posted

If you stay past the terms of your lease, you will be a a month to month, under the same terms and provisions as the lease. Even if your landlord tried to evict you, it is unlikely you will be forced out before May. Keep looking for a new place t live.

Asker

Posted

Thank you so much, a huge amount of stress has been lifted! I see your a Divorce attorney, Im going to save your info! Need that too!!!

Asker

Posted

Sorry to keep on with this, but things have escalated now. I found a place, but I cant get in before May. I told him this, and he flipped out. I haven't given him March's rent because I need a ton of money to get a new place and I don't have it to give. He said he was going to evict me. I get home, and there is a "Landlord's Five Day Notice" on my door taped and open for everyone to see demanding rent within 5 days. After we had spoken earlier, I found another place I can get on April 1st. I gave a deposit and locked it in. So, all that being said if I don't (cant) pay the amount in 5 days, now what? How long do you think it will be before I'm actually evicted? I will be out before April 1. Should I be worried? Thank You so much for your help!

Judy A. Goldstein

Judy A. Goldstein

Posted

The 5 day notice is simply the beginning pf an eviction. It was not properly served upon you so it's no good anyway. Even if the landlord files suit to evict you, you won't be ordered out before May 1 so you're OK. You still owe March rent.

Posted

This is in Skokie, not Chicago, and so there is no requirement that your landlord give you written notice of intent to not renew a lease that has a specified end date (3-31-2013). In other words, if the lease says it ends 3-31-2013, then that is when it ends, and neither party has to give the other party any notice of intent to not renew. That is, unless your lease says the landlord or tenant must give a written notice of X days to not renew.

Without the landlord's permission, you are a hold over tenant if you stay past the lease expiration. If the landlord accepts your next monthly rent payment, then as the other attorney mentioned, it could just become a month to month rental and there will be no problem. But, if the landlord does not accept your rent the month after your lease ends, they are entitled to refuse it and serve you with a written notice to vacate. If you do not move out after receipt of that notice, in WRITING, you could be considered "willfully holding over" and liable to the landlord for double the monthly rent for your time spent there after the lease ended. That is important to be aware of.

The law about willful holding over and the double-rent penalty appear in the link below, or are found anywhere that publishes the Illinois Compiled Statutes at section 735 ILCS 5/9-202

This information is general and does not constitute legal advice, or create an attorney client relationship.

Asker

Posted

so, if he were to refuse it and serve me with a written notice to vacate, is there a time limit? 7days, 14 30? The written notice you spoke of, is that something he has to get through court?

Mark Aaron Silverman

Mark Aaron Silverman

Posted

It would as short as 10 days and would also not be through court; he can print it or get at Office Depot Max etc., and serve you with it. Then if you are not out at end of it he can commence forcible entry case and try to seek that extra rent we mentioned.

Asker

Posted

Thank you. So basically, I'm screwed. The law is the law I guess.

Mark Aaron Silverman

Mark Aaron Silverman

Posted

Well, if the landlord accepts your rent, or, if they never give any written notice, you won't be screwed.

Asker

Posted

Sorry to keep on with this, but things have escalated now. I found a place, but I cant get in before May. I told him this, and he flipped out. I haven't given him March's rent because I need a ton of money to get a new place and I don't have it to give. He said he was going to evict me. I get home, and there is a "Landlord's Five Day Notice" on my door taped and open for everyone to see demanding rent within 5 days. After we had spoken earlier, I found another place I can get on April 1st. I gave a deposit and locked it in. So, all that being said if I don't (cant) pay the amount in 5 days, now what? How long do you think it will be before I'm actually evicted? I will be out before April 1. Should I be worried? Thank You so much for your help!

Mark Aaron Silverman

Mark Aaron Silverman

Posted

Yes, you are evict-able if the full amount is not paid in the 5 days. The actual forcible removal of your self and stuff by the sheriff may take place after 4-1, if that is your only concern. Although it will have a long term effect on your credit etc. if you let him file the eviction by not paying in the 5 days.

Posted

I agree. While the eviction process will take a few months, it is likely to result in a money judgment against you. Maybe you can try to renegotiate with the landlord. Good Luck.

Posted

I agree with the previous answer; try to negotiate a 1-2 month extension with the landlord. The two of you can execute a simple rider to your existing lease stating that there is an extension and any new terms (such as an increase in rent) that will be in place for the length of the extension. Good luck.

Asker

Posted

I tried, he wont. He wants me out April 1st so he can renovate and get a lot more rent in May. He's being a real jerk. My credit took a huge hit because of a disaster divorce, I don't know what I'm going to do.

Christina Marguerite Morrison

Christina Marguerite Morrison

Posted

Sorry to hear that. If you need short term housing, Marriott Residence Inns allow pets and I believe several other chains do as well. Paws Chicago also has a crisis response program that will temporarily house your pets in foster homes until you find a new place. Good luck.

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