New Lease

[abstract99]

What is the name of your state? IL

My lease will be up at the end of August. I do not want to sign a new lease but want to continue from Month to Month. We are planning on moving to South Carolina at the beginning of September and do not wish to have to break a lease to do so. The lease states that if we break it we lose our security deposit. My landlord told me today that I have to sign a new lease by September 1st or get out. She said that she cannot afford to give us back our deposit and will count us as moving out as breaking the lease. I asked her if we would get it back if we moved out before September 1st and she said no because we would then be breaking our lease.

Is this legal? It make sense that if I move out after September 1st she will count it as breaking because we were forced to sign the new lease but if we move out before we will still be breaking our current lease.

NOTE: She agreed to this at first but now she has loaned her daughter money and claimes that she NEEDS my deposit and cannot give it back. I am confused as to when exactly after the end of my lease I have to be out or if I have until the end of September because I can move a few days early if need be but a month would be pusing it.

 

[justalayman]

What is the name of your state? IL

My lease will be up at the end of August. I do not want to sign a new lease but want to continue from Month to Month. We are planning on moving to South Carolina at the beginning of September and do not wish to have to break a lease to do so. The lease states that if we break it we lose our security deposit. My landlord told me today that I have to sign a new lease by September 1st or get out. She said that she cannot afford to give us back our deposit and will count us as moving out as breaking the lease. I asked her if we would get it back if we moved out before September 1st and she said no because we would then be breaking our lease.

Is this legal? It make sense that if I move out after September 1st she will count it as breaking because we were forced to sign the new lease but if we move out before we will still be breaking our current lease.

NOTE: She agreed to this at first but now she has loaned her daughter money and claimes that she NEEDS my deposit and cannot give it back. I am confused as to when exactly after the end of my lease I have to be out or if I have until the end of September because I can move a few days early if need be but a month would be pusing it.

Your post doesn;t make sense. If you rlease is up at the end of Aug and you need to move at the beginning of September, then just plan on moving when the lease expires. Be sure to give the proper and appropriate notice as required by Il law and your lease. If you do this and leave the apt in proper condition, she will have no choice but to return your deposit. It is not your problem that the kid needed money. If the LL owes you the cash, she needs to give it up.

As far as staying after the lease expired, if the LL said no, then it's no. Not much you can do about that. Anything after that gives her the right to start eviction proceedings.

You can leave anytime you want. If your lease expires at the end of August, then it is your place until the end of August, whether you actually live there or not. I would just be sure to give proper notice.

 

[treese]

What does your lease state regarding notice to terminate the lease?

Illinois requires 60 days notice to terminate a lease for one year. You must give proper written notice.

(735 ILCS 5/9‑205) (from Ch. 110, par. 9‑205)
Sec. 9‑205. Notice to terminate tenancy from year to year. Except as provided in Section 9‑206 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year.

 

[Who's Liable?]

What does your lease state regarding notice to terminate the lease?

Illinois requires 60 days notice to terminate a lease for one year. You must give proper written notice.

(735 ILCS 5/9‑205) (from Ch. 110, par. 9‑205)
Sec. 9‑205. Notice to terminate tenancy from year to year. Except as provided in Section 9‑206 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year.

Ah... and so must the LL GIVE WRITTEN notice to the tenant! The OP is in luck! if the LL did NOT give a WRITTEN notice of lease termination, they DO NOT have to move!

 

[abstract99]

What does your lease state regarding notice to terminate the lease?

Illinois requires 60 days notice to terminate a lease for one year. You must give proper written notice.

(735 ILCS 5/9‑205) (from Ch. 110, par. 9‑205)
Sec. 9‑205. Notice to terminate tenancy from year to year. Except as provided in Section 9‑206 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year.

I am not really breaking the lease if I understand it right. It says that I have the option of continuing it from month to month after the lease is up for no longer than 3 months. I have already given my landlord notice when I was moving and she said that was ok until she had to loan her daughter money. Now she is saying that she will not allow me to go month to month and wants me to sign a new lease to stay her an extra 30 days