Legal Question in Landlord & Tenant Law in Illinois
Hello-
One year ago, I was renting an apt which had a lease that was up July 31, 2009. I had to finish moving some boxes when my landlord's office was going to be closed in the evening. I stopped by the office during office hours in which one secretary told me that I simply could mail the keys in. A few weeks later, in August of 2009, they sent us a bill for 400 dollars because they did not receive the keys until august 10th and therefore charged us 10 days in august. I tried calling the landlord many times and left many messages, none of which were returned. Today, I received a call from a debt collector. They claim that because they did not receive the keys until august 10th, technically I was still renting from them. They claim that since we do not have proof of the verbal instructions, they will not hold up in court. What is your counsel?
1 Answer from Attorneys
It's a year later or so; what is going on? Did they sue you or are they still just pestering you? You're talking about a month's rent (assuming the lease was for monthly rent and 10 days gave them the right to declare a month holdover). Did they know you were moving? Who worked at the office? If that person is still there would they vouch for you? If they are no longer there would they vouch for you? Did you discontinue electric? Turn in any other evidence of occupancy (mailbox key, garage door opener, etc.?). What did they lease require you to do -- building rules???? Did they send you a letter within 30 days of departure returning your security deposit or telling you there were damages or other sums due and deducting the amount from the security deposit and attempting to return the balance to you? Did they declare a holdover for the month? Are they claiming a year holdover? Are they claiming a month's rent or just 10 days? Are you in a municipality that has a landlord-tenant ordinance (like Chicago or Evanston) that requires interest to be paid on security, and for it to be returned within a specific period of time???? If your lease was up most leases just require you to be out and surrender possession including keys. What the landlord could have done was inspect the unit (probably their right under the lease), notice you had vacated, call you, and if you didn't respond they could change the locks and take it out of security -- but the counterpoint might be that if you were still there (how were they to know) to change locks would have been a forcible so be careful.... There are a lot of questions, but the biggest one is what the deal is a year later over possibly 10 days of rent. You would take your risks in court depending on how credible your story is. What you should try to do is cut a deal, but where is your security deposit money?????? Your lease may obligate you to attorney fees and court costs if they sue you (although the same lease may give you fees and costs if you win....). If there are more facts or you want to look through the lease it may help but without a complete lease review any attorney, myself included, will have to tell you we would not be responsible if we were to provide any firm direction. Hope some of this helps though. Good luck.