Legal Question in Landlord & Tenant Law in Illinois

I own an apartment that I rent out. The condo association to which I belong as a unit owner passed new rules and regulations in November of 08. One of the new rules increases the move-in and move-out deposits from $100 to $350. Additionally, whereas all money was refunded previously (provided there was no resulting damage to the building), now only $250 is refunded. Essentially, a move -in and move-out fee of $100 has been established. My issue with this is that my current tenant (who is now scheduled to move out) signed her lease in August 08 -three months before the new rules and added fee went into effect. The members of the condo board are taking a position that the fee must still be paid. I am not of course charging my tenant (It isn't fair or legal per our contract) I don't believe that it is really fair that I be on the hook for this fee either. But my condo board is saying "too bad, we aren't waiving it" . Is it legal to charge this fee that I had no way of anticipating or providing for in my contract with my tenant? Is there any approach to legally evading the fee?

Asked on 8/12/09, 12:04 pm

Sal Sheikh www.BetterCallSal.com

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I would check the bylaws of your condo assocaition to see what provisions are in place to remedy this situation.

Answered on 8/19/09, 10:36 am

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