lease/rent

[laurakaym]

What is the name of your state?Illinois
I had a month to month lease, no end date is listed. The landlord wrote "must give 60 day notice of moving TO RECEIVE DEPOSIT BACK, UPON CONDITION OF APARTMENT. It does not say a written notice. I gave him a few verbal notices at least 2 months before I left, then he said it had to be in writing, which I also gave him.

Now he's taking me to court for 2 months rent saying I did not give him 60 days written. He's also keeping my security deposit for water damage to his ceiling (he lived below us). Our shower was leaking water behind the tiles and going down to his bathroom. We had no way of knowing this, until he came up to repair our tiles.

He showed me the damage and said don't worry about it, he would fix it himself, it's happened before. Now he has a bill saying that it was repaired by a company in June 2004. I was never given a bill or told that I would have to pay for it. He even asked my daughter for my new address when I moved, so he could send me my deposit back.

I guess I am not too concerned about the deposit, but mostly about the 1500.00 he wants for the 2 months that I did not live there.

 

[BL]

http://www.federal-services.com/laws/ilstatelaw.html

The Illinois Security Deposit Return Act requires your landlord to return your security deposit in full within 45 days of the date you moved, if:

Your building or complex consists of 5 or more units.
You do not owe any back rent.
You have not damaged the rental unit.
You cleaned the apartment before you moved.

If your landlord refuses to return all or any portion of your security deposit, he/she must give you an itemized statement of the damages along with paid receipts within 30 days of the date you moved. You can sue your landlord to recover your security deposit. If a court finds that your landlord violated the security deposit law, he/she could be liable for damages in an amount equal to two times your security deposit, court costs, and attorney's fees.
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If you were month to month , it goes by your move in Date . For example if you moved in on the first , you would give written notice before the first and pay that months rent and vacate by the end of the term ( month ) , or what ever your rent receipts specify is the rent term .

If there is no way you could have know there was a leak , or your LL was aware of it , but did nothing , it will be up to a Court to decide .

If your truly were on a month to month , you should file an action , have copies of you notification of moving , and let the Judge decide .

 

[lazarus2004]

laurakaym
What is the name of your state?Illinois

I had a month to month lease, no end date is listed. The landlord wrote "must give 60 day notice of moving TO RECEIVE DEPOSIT BACK, UPON CONDITION OF APARTMENT. It does not say a written notice. I gave him a few verbal notices at least 2 months before I left, then he said it had to be in writing, which I also gave him.

Did you give it to him in writing 60 days prior to your move? Usually on a month-to-month you can leave with only 30 days notice, but you are fully responsible for rent up to that 30th day. Did you keep a copy of your 60 day notice you wrote him?

A verbal notice is generally a bad idea, and from all of my own experiences you should ALWAYS get everything in writing (see my thread for an example of me not following my own advice ) If you gave him 60 days notice of moving out then you should not owe the extra rent.

As for the security deposit, I smell a huge rat. He said your shower was leaking and damaging his roof, and then he charged you to fix it. But he told you it happened before???? That would mean that its structural damage, and at least in California, tenants are not responsible for wear and tear on the dwelling except when caused through some sort of negligence. I would ask for all of your deposit back, and if he doesn't you then can think about a suit to reclaim it.

According to Blondes post, it would seem that according to Illinois law, you should get the deposit back.