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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Default Gave Oral Notice And Left, But Now Landlord Wants Another Month's Rent

    Over one month before the expiry of our written lease agreement in Cook County Illinois on May 31ST 2007, the landlord and I agreed orally by phone that my family would continue our tenancy month-to-month beginning June 1ST 2007. (The property had been for sale and regularly shown since Feb.).

    I informed him at that time that we were leaving the country during the summer and were awaiting a visa. At the time of that initial conversation we agreed that I would mail him a check for rent due June 1ST, thereby leaving July 1ST open. Two weeks later, in mid-June, at our second conversation I said that we would be leaving July 20TH 2007, but he asked for cheques post-dated for July1ST and August 1ST, in case something went wrong with our visa application, and I sent those.

    Around July 1ST, during our third conversation by phone I said that we were indeed leaving on July 20TH as planned. He was concerned about transfering the utilities accounts as we would be gone for August, but I said I would pay the utilities until August 31ST as a courtesy to him -- his new tenants would occupy Sept 1ST, 2007.

    On July 20Th the landlord examined the premises, found them acceptable, returned our damage deposit less a $200 extraordinary cleaning fee, and I returned to him the keys and left the country.

    Never assuming he would attempt to cash the August 1ST check , I stopped payment. Now he has threatened to take me to small claims court for unpaid August rent and legal fees.

    Who is right?

    Does he have proof of money damages?

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

    Default Re: Gave Oral Notice And Left, But Now Landlord Wants Another Month's Rent

    Based on your story, (notice in mid-june for a mid-july move-out, with rent paid through the end of July), I believe you are right. I don't know if he will tell the same story, though, if it goes to court.

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