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Additional Details
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Katie M | My landlord is going to keep my deposit, is this legal in my circumstances? |
My landlord is the most unreliable person. I asked numerous times for her to bring me a new lease to sign. I asked three times and still nothing. she was excited that I wanted to stay for another year but here's the problem.
Ever since it got cold outside RATS and MICE got into the apartment. I live in a 3 flat in Chicago and the other tenants also have them. I found poop in numerous places and basically had it.
At this point I have been paying her month to month but still haven't signed a new agreement. I moved out and notified her a week before I did. She is now telling me that I can't have my security deposit back because I need to give her 30 days notice.
Is this legal? I mean I had RATS and no lease even for a month to month agreement. I just stayed there and paid as I went.
Additional Details
Excuse me!!! I am very clean, how about you ask before you judge! They were coming in because it's freezing outside and want somewhere to go. They were in the walls. Not eating up my food. There is nothing out for them to eat anyhow!
How rude of you! |
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Landlord
 |
Yes, this is perfectly legal. Without a lease you are month to month. You need to give 30 days notice, the lack of a lease does not negate that.
Rats and mice are not under the landlords control. They come in because you are feeding them. Clean up and you will find that mice do not enjoy starving and move on.
A $1.99 trap takes care of roaming mice/rats that may stop buy your place to see if there is a food source.
Your lack of care to avoid rats/mice is not a legal excuse for breaking a lease and certainly does not negate a 30 day notice. |
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my cat tutu
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No I don't think you are responsible for the rats and mice. Other tenants also have them, so does that mean they're all responsible for these pests???? That's ridiculous!
But the real problem is that you're SUPPOSED to give 30 days notice. Because you didn't give 30 days notice, she doesn't have enough time to lease the place, and she loses out on money as well. Unfortunately, there's not much you can do now. Good luck. |
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Michael H
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Your supposed to give 30days notice before moving out or its a break of contract and could cost you if you where to end up in court. |
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rallman@sbcglobal.net
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Keeping deposit is a part of the renting busines. Always has been and always will be. Does not matter if you gave thrity day notice or if you have rats. I never heard one given back yet. Best advice I have is to move to St Louis |
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kimmamarie
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Katie, let me point out right now that I am not questioning your cleaning ethics. It may be someone else not as clean as you. You basically live with 3 other families. But rats and mice come in houses in the winter just as you said. To be warm and to eat. It also doesnt mean anyone is being dirty either. Mice and Rats also eat insects, insect eggs (spiders) flys, etc. Though they may find stray crumbs from kids that have fallen on the floor also. Kids hide food from their parents too (I used to) if they arent suppose to have them.
Even though your 1 yr lease expired, it reverted to a month to month. That means in order to move, you must give her 30 days notice to move, have that 30 days rent paid for and have the apartment cleaned in that time also. So if you moved out the first week of November, that means you owe all of Novembers rent plus Decembers rent. Your nov rent is Nov 1 to 30, so your 30 day notice gives you to the next rental time Dec 1 to 31. Unless it states in the lease you had that any rents would be prorated, you are out of luck. By now, November should have been paid, so you owe her the 30 days for December. But make sure it was clean when you moved as she can take pictures of damages, charge you for that and then take you to court for them. Good luck in your new home. But remember, no home is mice free. You just dont sometimes hear them or see them. |
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jeselynn95603
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yuppers.. it's legal.. 30 days is required.. you should of complained about the rats.. and waited.. and as for the lease.. that is just a hold.. i waited 3 months.. and got a month free rent out of it.. so there are deals in waiting.. |
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Expert Realtor
|
Ok, there are some pros and cons to you story.
First, you were on a month-to-month lease. Unless you called the HEALTH DEPARTMENT, and they rendered the property unfit to live in...and you got that in WRITING, then you owed her a 30-day notice, and must PAY for those 30-days.
Second, if you check your original lease (which probably went to month-to-month when it ended), you'll find out that she probalby doesn't prorate either, and that is common language in a lease.
Finally....she CANNOT keep more than you owe her.
You owe her for a month, plus a few extra days if the lease doen't prorate...if she keeps more than that, then you can sue her for the balance. |
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knicname
 |
Call up your State Assemblyman or State Senator. They usually have housing experts on their staffs.
You may have lost some of your leverage because you've already moved out.
Usually, people will deduct the deposit from their last month's rent amt. |
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Trouble
|
Your landlord has a duty to exterminate per Illinois Landlord Tenant law.
You would have had to first notify the landlord of the problem in writing. The landlord would then have call in an exterminator to get rid of the rodents within a reasonable time.
If the landlord failed to act on your demand/request, you could have called the housing inspector and they would have forced the landlord to take action or cited the landlord for uninhabitable conditions. Then you could have moved out without consenquence.
You went about it all wrong and did not protect yourself.
http://www.tenant.net/Other_Areas/Illinois/mto/english2.html#Rent%20Withholding%20and%20Repair%20and%20Deduct
Illinois Landlord Tenant law requires a 30 day (full rental period) notice to terminate a month to month tenancy. You did not give proper written notice and as per the law, can be held liable for the rent for the next full month.
http://www.tenant.net/Other_Areas/Illinois/mto/english3.html#Moving%20Out
The landlord can legally deduct the unpaid rent from your security deposit per the law. The landlord will have to send you an accounting of the deposit per the law. If the landlord fails to properly account for the deposit, then you can sue for it's return.
http://www.tenant.net/Other_Areas/Illinois/mto/english2.html#Security%20Deposits |
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artwhiterealtor
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Yes, but. . . you probably did have to give her 30 days notice before leaving under the terms of your lease. The terms continue from month to month. However, you also have a defense. The law will not require you to live in and pay for unhealthy and unsafe premises. I hope you have documentation of your complaints. I am sure there is some sort of tenants' rights organization or tenants' union in a big town like Chicago. Contact them and get some help about filing a claim with your local rent board or a small claims court action. One this you should not do is to threaten to report the landlord to the health authorities unless he returns the deposit. A threat to report someone in exchange for a financial settlement could be characterized as extortion. You can go ahead and actually report him. That's not a problem, It's probably a public service to bust that slum lord. Just don't THREATEN him in exchange for money. |
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