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  1. #1
    Join Date
    May 2015
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    3

    Default Confusing Lease Requirements for Giving Notice

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

    My landlord never provided me with a lease after lease signing. It has been a year, my lease is up May 15. I gave notice on April 30 that we planned to move out June 15th as I assumed there was a requirement of 30 days prior to the date we planned to move and that it would become month to month as of May 15.

    The landlord said no, 60 days notice was required. I said I had never received a lease and requested one. It came yesterday, the only thing it says about notice was that I must notify him WITHIN 60 days of lease end. Not 60 days before, but WITHIN 60 days. April 30 is within 60 days. I'm not sure what he's asking for, exactly.

    Another note, I told him in March that the AC needed to be fixed as it doesn't work. I told him again when I paid rent on April 15. I asked him again on April 30. We still do not have AC, I have 3 young children and it's 80 in here. Our lease states he will make necessary repairs within a reasonable time frame.

    What would you do? I feel like I am not in the wrong, I just don't know what to say to him. I paid first/last/and a security deposit at lease signing.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,023

    Default Re: Confusing Lease Wording

    Is the lease you received the one you signed?

    You need to request the repair of the air conditioning in WRITING, not telling him. You need documentation that you have requested a repair.

    Gail

  3. #3
    Join Date
    May 2015
    Posts
    3

    Default Re: Confusing Lease Wording

    Yes it was the one I signed. I do have a text about the AC from last week. He made reference to previous mention of it.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,940

    Default Re: Confusing Lease Wording

    So you're one of those people who sign things without insisting that a duplicate with signatures be on the table at the same time.

    Oh well. Guess you won't make that mistake anymore.

  5. #5
    Join Date
    May 2015
    Posts
    3

    Default Re: Confusing Lease Wording

    I suppose so, I had never rented before. Even if I'd had the lease in hand to reference I don't know that I would have done differently. The lease says to inform within 60 days of the end date.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Confusing Lease Wording

    Quote Quoting Ehoni89
    View Post
    The landlord said no, 60 days notice was required. I said I had never received a lease and requested one. It came yesterday, the only thing it says about notice was that I must notify him WITHIN 60 days of lease end.
    I'm not going to attempt to interpret lease language that I cannot see, so I'm only going to comment on the language you've described to us. A requirement that you act within a specific time frame is not the same as a requirement that you act in advance of the defined time period. If a lease requires notice "within 60 days" of the end of the lease term, then (based on that language alone) your 30-day notice was not late if it is given within that time frame. There may be other language in the lease that gives the provision different meaning or suggests that it is a clerical error, although anything that renders a lease ambiguous would normally be construed in favor of the tenant (the party who did not write the lease).

    The issue of repairs is entirely irrelevant to the issue of lease renewal.

    How did you come to notice that the air conditioner was not working in March -- or if you knew from the prior summer, why didn't you promptly report the issue?

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