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Landlord Trying to Over Charge for Rent, Anything I Can Do

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missmarc

Junior Member
What is the name of your state (only U.S. law)? Illinois

My question involves landlord-tenant law in the State of: Illinois

Hi guys, this is going to take a bit to explain, please bear with me.

So in September 2012, we moved into a new apartment. We wanted to move in 1st of September, but was told we had to wait until Sept. 6th. So we agreed, and moved in on the 6th. We paid full month rent and move-in fee as we moved in. Our lease goes from September, 06 2012 till September 05, 2013.

Our lease ended, the apartment manager offered us the opportunity to stay another 2 months. We took up on her offer, but the new lease now becomes September 06, 2013 to October 31, 2013. We didn't think too much back then. 2 months ended, and they offered us to renew our lease again for another 3 months, without increasing the rent.

So we signed. Now the new lease goes from Nov 1st, 2013 to Jan 31, 2014. They offered to renew lease again beginning of January, but we gave notice, saying we'd move out by Jan 31, per lease. Anyways, when we paid for January rent, we paid for 26 days instead all 31. We have been paying full month rent every month since Sept. 6th 2012, even though we started on the 6th and not the 1st of that month. We were told by the building manager (who is also the leasing agent) back then that we would have to pay for the full month of rent. When we move out, we would only need to pay the pro-rated amount of the remaining days of that last month of our lease.

The current building manager is telling us that we owe them the other 5 days. If we don't pay by the time we move out, they would send the bill to the collection agency.

We keep trying to explain to her that the previous building manager promised us that since we pay a full month when we first move in, we would only need to pay the remaining days of our last month. She is not honoring the previous building manager's word, saying that is not their policy and they don't pro-rate leases.

Either way, there's 5 days short on the 2nd lease, from September 6, 2013 to October 31, 2013. I paid for two full months during those two months, even though the lease was for one month and 25 days.

Should we give in and just pay for the 5 extra days? Is there any type of legal action we can take, since we obviously were shorted 5 days of rent?

Our lease doesn't say anything about pro-rate and no pro-rate.
 


TigerD

Senior Member
Our lease ended, the apartment manager offered us the opportunity to stay another 2 months. We took up on her offer, but the new lease now becomes September 06, 2013 to October 31, 2013. We didn't think too much back then. 2 months ended, and they offered us to renew our lease again for another 3 months, without increasing the rent.

So we signed. Now the new lease goes from Nov 1st, 2013 to Jan 31, 2014. T
The time to raise the issue was September or October 2013. Sorry.

DC
 

FarmerJ

Senior Member
I do not agree here, get copies of your canceled checks , your receipts and your original lease and then include a letter , in the letter remind them that your original lease began on the 6th of a month with no adjustment and in the letter tell them to review your recpts and ask them to explain to you in writing where the days of rent you paid for because management at the time did not have the unit ready has gone, Plan on them not renewing any more rental agreements with you when you tell them `Im game for letting a court decide this and tell them go ahead send it to collections with out a court ordered judgement , you know how far a bill collector is gonna get trying to collect a debt that is not proven valid dont you`
 

BL

Senior Member
The problem is the terms , start date / end dates of the new lease .

I'd also have them reveiw all records from the beginning and ask for an adjustment .

If they refuse ,pay the difference , then go to small claims if feasable for the 5 days difference.

Just what amount are they saying you owe ?

You do not want a ding on your credit over 5 days.
 
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