Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Jun 2017
    Posts
    2

    Question Can a Landlord Keep You On as a Month-to-Month Tenant if Your Rommate Stays

    My question involves landlord-tenant law in the State of: illinois, Kane County

    I have 1 roommate. Lease is up on July 19. I gave 60 day notice that I was vacating according to lease instruction. Roommate has not given notice and shows no sign that she's leaving. Can landlord continue to bill me on a month to month basis even if I fulfill my obligation to move out on time and all is paid up through the end of the original signed lease? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Landlord Keep You On as a Month-to-Month Tenant if Your Rommate Stays

    Quote Quoting 735 ILCS 5/9-205. Notice to terminate tenancy from year to year.
    Except as provided in Section 9-206 [Farm Land] and Section 9-207.5 [Foreclosure] 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. The notice may be given at any time within 4 months preceding the last 60 days of the year.
    Assuming that your lease does not have a provision to the contrary, your giving sixty days notice serves to terminate your lease, and it is up to your roommate to negotiate a new lease with the landlord. If your lease has language suggesting that your obligation might continue after giving notice, please quote that language for us.

    If your roommate does not negotiate a new lease or month-to-month rental arrangement, even if you have moved out, if your landlord is not aware of the circumstances then your landlord is likely going to treat you as if you remain in residence. Thus, if you believe that your roommate is going to try to stay in residence without discussing new terms with the landlord, you should discuss your concerns in advance with your landlord. You don't want to find yourself named in an eviction lawsuit due to your failure to keep your landlord informed about what is happening with your unit and roommate.

  3. #3
    Join Date
    Jun 2017
    Posts
    2

    Default Re: Can a Landlord Keep You On as a Month-to-Month Tenant if Your Rommate Stays

    Thank you for a quick response. Here's the actual language: "This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 35."

    Paragraph 35 states: "Move-Out Notice. Before moving out, you must give our representative advance written move-out notice as provided below. Your move-out notice will not release you from liability for the full term of the Lease Contract or renewal term." Then it breaks down exceptions for military, and moving prior to lease end, etc.

    I have given 60 days advance notice, roommate has not. I intend to leave on or just prior to required move-out date which is at the end of the current annual lease. I have been in contact with the landlord about my intention and also my concern that my roommate is not communicating her plans. Other than cleaning fees or any maintenance issues, can I be held responsible for any additional rent past the current lease end if I gave proper notice and vacate on time? Landlord doesn't seem to want to clarify anything and is acting as though I will still be liable if roommate doesn't move or re-sign right away (although to be fair, they haven't stated so outright). Thank you.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Landlord Keep You On as a Month-to-Month Tenant if Your Rommate Stays

    When you asked your landlord what will happen if your roommate decides not to move out, what did your landlord say?

    We can analyze the little bit of text you have shared, but if your landlord believes that it makes you jointly liable for rent until your roommate eventually moves out, nothing we write is likely to convince him that he is or may be wrong.

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: How Much Can the Landlord Increase Rent for a Month-to-Month Tenant
    By UCLABruin in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-02-2014, 06:26 AM
  2. Holding Over: How Can a Tenant Force a Landlord to Extend a Month-to-Month Lease
    By HOAonemember in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 11-04-2012, 06:15 PM
  3. Giving Notice: How to Calculate 30 Day Notice After Tenant Terminates Month-To-Month Tenancy
    By krisinsd in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-22-2010, 09:35 AM
  4. Moving Out: Moving Out of Apartment As Month to Month Tenant Without Lease
    By bofc in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-03-2009, 06:42 PM
  5. Rental Agreements: Landlord Threatens To Seek New Tenant At Lease's End, When It Goes Month-To-Month
    By ummehamzah in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-10-2007, 08:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources