Legal Question in Landlord & Tenant Law in Illinois
Hello,
I am scheduling a move out on February 11th, 2012. The management wants us to pay $400 for a move out. When we signed the lease we weren�t told that we will be charged for the move-out fee at all, but a booklet was handed out to us after the lease was signed and it did say that there will be a move-out fee of $300. We didn't get any updated rule book or anything saying the move-out fees ($400) is increased.
Please help, we think that we being cheated.
Thank you.
1 Answer from Attorneys
If this is a condo, then it is possible that the update was mailed to the owner and the owner neglected to let you know of the change. If it was a legitimate change, however, your landlord can still pass it through to you if the lease obligates you to comply with the condo rules....but this is an issue between you and the landlord.
If this is NOT a condo but a rental building, this is a matter between your building landlord and you. Your lease needs to allow management to increase these kinds of fees and the language may be in the building rules, or buried elsewhere in the lease. It may be worth your while to have an attorney review the lease (condo or not) and in the mean time get the info from management as to when the fees were changed, and how tenants were supposedly notified. Normally the provision would allow management to change rules reasonably in a uniform and consistent way.
As a practical matter, often a portion of these fees are refundable. Without seeing the complete rule and charge, it is impossible to say whether what was done was reasonable.
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