IL tenant needs legal advice

I signed a one-year lease in April '99. I've been there ever since; always paid rent, always on time. $700 security deposit.

When April 2000 rolled around, landlord did not request new lease to be signed, so I took at look at my lease and read the following on the rider:

'Upon expiration of the lease, tenant will give management, in writing, a 60 day notice of his/her intention to vacate or maintain the lease. If not notified, management will consider lessee a holdover tenant at the prevailing rate.'

So I assumed I was on a month-to-month. Now I'm moving at the end of November. I gave him notice on October 13th, and he said he did not have time to discuss it then but would call me. He did not call for weeks, but after a number of calls on my part, we finally talked last night.

He states that I am absolutely bound to the remainder of the lease. I maintain that there is no lease, and the term 'holdover tenant' means month-to-month since there is no reference to term, only rate.

I also don't expect to get my security deposit back. Would the IL tenant's union be of help to me, or would it be as much red tape as trying to do a small claims case myself?

I've paid $725/month (increase of $25) on a verbal agreement that I be allowed to bring in my washer and dryer. This was in December '99, so I've been paying more than the lease rate, but I have no intention of going back on my verbal agreement.

I've been a very good tenant, and I'm very troubled over this. Any advice is GREATLY appreciated, and I thank you in advance.

gg

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by goodgrief:
I signed a one-year lease in April '99. I've been there ever since; always paid rent, always on time. $700 security deposit.

When April 2000 rolled around, landlord did not request new lease to be signed, so I took at look at my lease and read the following on the rider:

'Upon expiration of the lease, tenant will give management, in writing, a 60 day notice of his/her intention to vacate or maintain the lease. If not notified, management will consider lessee a holdover tenant at the prevailing rate.'

So I assumed I was on a month-to-month. Now I'm moving at the end of November. I gave him notice on October 13th, and he said he did not have time to discuss it then but would call me. He did not call for weeks, but after a number of calls on my part, we finally talked last night.

He states that I am absolutely bound to the remainder of the lease. I maintain that there is no lease, and the term 'holdover tenant' means month-to-month since there is no reference to term, only rate.

I also don't expect to get my security deposit back. Would the IL tenant's union be of help to me, or would it be as much red tape as trying to do a small claims case myself?

I've paid $725/month (increase of $25) on a verbal agreement that I be allowed to bring in my washer and dryer. This was in December '99, so I've been paying more than the lease rate, but I have no intention of going back on my verbal agreement.

I've been a very good tenant, and I'm very troubled over this. Any advice is GREATLY appreciated, and I thank you in advance.

gg<HR></BLOCKQUOTE>

There is currently no fixed lease because once it expired it was not renewed. Therefore your tenancy is month to month. Do not condider yourself a holdover tenant but a m/m tenant. Certain States allow L to collect a higher rent, sometimes double for holdovers.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by goodgrief:
I signed a one-year lease in April '99. I've been there ever since; always paid rent, always on time. $700 security deposit.

When April 2000 rolled around, landlord did not request new lease to be signed, so I took at look at my lease and read the following on the rider:

'Upon expiration of the lease, tenant will give management, in writing, a 60 day notice of his/her intention to vacate or maintain the lease. If not notified, management will consider lessee a holdover tenant at the prevailing rate.'

So I assumed I was on a month-to-month. Now I'm moving at the end of November. I gave him notice on October 13th, and he said he did not have time to discuss it then but would call me. He did not call for weeks, but after a number of calls on my part, we finally talked last night.

He states that I am absolutely bound to the remainder of the lease. I maintain that there is no lease, and the term 'holdover tenant' means month-to-month since there is no reference to term, only rate.

I also don't expect to get my security deposit back. Would the IL tenant's union be of help to me, or would it be as much red tape as trying to do a small claims case myself?

I've paid $725/month (increase of $25) on a verbal agreement that I be allowed to bring in my washer and dryer. This was in December '99, so I've been paying more than the lease rate, but I have no intention of going back on my verbal agreement.

I've been a very good tenant, and I'm very troubled over this. Any advice is GREATLY appreciated, and I thank you in advance.

gg<HR></BLOCKQUOTE>



[This message has been edited by HomeGuru (edited November 05, 2000).]