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  1. #1
    Join Date
    Jul 2019
    Posts
    3

    Angry I Am Being Held to a Month to Month Lease I Was Never Spoken to About

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

    I am currently getting divorced. My husband and I's year to year lease ends august 9th. I asked my husband to give notice that we were leaving. He spoke to the landlord. I did not speak to him once. My husband said they said I could stay on a month to month if I could. I was planning on doing so until the divorce got ugly, my husband is taking everything. I have been taking sole care of our son with no child support for a month. He quit his job and stopped paying me in June. I had to take a pay cut at work because he refused to let me use his 2 cars.

    After finding out over this weekend I would be taking a pay cut, I knew I would no longer be able to afford this place. I have to give my son to my husband because I cannot take him where I am going to live now. I called my landlord today (the soonest possible time to reach him on a business day after finding out I could not do a month to month). He said that, I am locked in for next month on a month to month and that I have to pay him rent. That I am the only one responsible for getting the carpets cleaned, etc.

    So basically, he's saying, my soon to be ex husband, locked me into a month to month agreement, without speaking to me, the landlord never spoke to me personally. My ex also told him he would be 100% paying me $1000 a month in child support (the rent is $685), so even if I had problems with my job (which I just started after taking care of my son and only doing that for 2 years) I would still have rent money. My husband quit his job two weeks later. I was never asked about this, I was never told it was a thing I agreed to. My landlord did not call me and ask me directly once. As far as I knew I needed to give him notice (which I still can and am going to do) and then the lease was over and I could agree to a month to month. I have not signed anything other than our original lease.

    I guess my questions are,
    Can he do this?
    Is this legal?
    What can I do about it?
    What kind of lawyer should I contact?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Let me answer all of your questions with four words.

    GET A DIVORCE LAWYER.

  3. #3
    Join Date
    Jul 2019
    Posts
    3

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    I don't feel like that's going to help me with what I'm supposed to do about being locked into a lease I was never spoken to about

  4. #4

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Quote Quoting Caitlyn9292
    View Post
    My question involves landlord-tenant law in the State of: Illinois

    I am currently getting divorced. My husband and I's year to year lease ends august 9th. I asked my husband to give notice that we were leaving. He spoke to the landlord. I did not speak to him once. My husband said they said I could stay on a month to month if I could. I was planning on doing so until the divorce got ugly, my husband is taking everything. I have been taking sole care of our son with no child support for a month. He quit his job and stopped paying me in June. I had to take a pay cut at work because he refused to let me use his 2 cars.

    After finding out over this weekend I would be taking a pay cut, I knew I would no longer be able to afford this place. I have to give my son to my husband because I cannot take him where I am going to live now. I called my landlord today (the soonest possible time to reach him on a business day after finding out I could not do a month to month). He said that, I am locked in for next month on a month to month and that I have to pay him rent. That I am the only one responsible for getting the carpets cleaned, etc.

    So basically, he's saying, my soon to be ex husband, locked me into a month to month agreement, without speaking to me, the landlord never spoke to me personally. My ex also told him he would be 100% paying me $1000 a month in child support (the rent is $685), so even if I had problems with my job (which I just started after taking care of my son and only doing that for 2 years) I would still have rent money. My husband quit his job two weeks later. I was never asked about this, I was never told it was a thing I agreed to. My landlord did not call me and ask me directly once. As far as I knew I needed to give him notice (which I still can and am going to do) and then the lease was over and I could agree to a month to month. I have not signed anything other than our original lease.

    I guess my questions are,
    Can he do this?
    Is this legal?
    What can I do about it?
    What kind of lawyer should I contact?
    1. Yes
    2.Nothing
    3.For what? You agreed to the m2m...until you got a pay cut. You still are legally obligated to comply with your lease. Give proper notice to the ll of your move-out.

  5. #5
    Join Date
    Jan 2016
    Posts
    399

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Quote Quoting Caitlyn9292
    View Post
    I don't feel like that's going to help me with what I'm supposed to do about being locked into a lease I was never spoken to about
    Read your lease. Most likely, it says that UNLESS you give notice before the end of the lease that you intend to move out, you are then automatically on a month-to-month. So there is likely NO requirement that you speak to the landlord.

    All you can do now is put in notice now that you intend to move out in 30 or 60 days (whatever notice your lease calls for). If you and your H are both on the lease, you are both liable for the rent.

  6. #6
    Join Date
    Jul 2019
    Posts
    3

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Quote Quoting just blue
    View Post
    1. Yes
    2.Nothing
    3.For what? You agreed to the m2m...until you got a pay cut. You still are legally obligated to comply with your lease. Give proper notice to the ll of your move-out.
    That's the thing I never personally agreed to a month to month, I was never spoken to about any of it

  7. #7
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Quote Quoting Caitlyn9292
    View Post
    I don't feel like that's going to help me with what I'm supposed to do about being locked into a lease I was never spoken to about
    A divorce lawyer will be able to advise you on all of the issues surrounding the financial aspects of the split including this one.

  8. #8
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,934

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Month-to-month tenancy is usually the automatic default when there's no lease. In other words, if you don't have a lease, then you're on month-to-month. (Generally speaking.)

  9. #9
    Join Date
    Jan 2016
    Posts
    399

    Default Re: I Am Being Held to a Month to Month Lease I Was Never Spoken to About

    Quote Quoting Caitlyn9292
    View Post
    That's the thing I never personally agreed to a month to month, I was never spoken to about any of it
    Did you sign the lease? Then it is VERY likely that you agreed to a month-to-month at the end of your lease. There's no need for a conversation if you've signed the contract (aka lease).

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