Legal Question in Landlord & Tenant Law in Illinois
Have had a lease on this office space since 1999. Lease expired 30 Sept. 11. Overlooked renewing. Landlord didn't remind us. Received rent due Statement 1 Oct. 11 in the amount of the old rent which we paid and landlord accepted without comment.
We would have renewed new lease for one year (they wanted three years) and tried for some reduced rent. They wanted a 5.164% increase.
We want to continue with this space. Where do we stand and what should we do ?
1 Answer from Attorneys
You are in what's normally called a "holdover" period. Maybe the landlord has nobody else who wants the space right now. Maybe the landlord is just thankful you're still there. It's impossible to say, but an attorney should review your lease. Why? Because if it's a "standard" office lease, then the holdover rent may be MORE (like maybe even double? - some say "1/15th the rent as a daily rate" or "200%" of the last rent....) and your landlord may still have some time to decide, and then you may get hit with a back rent charge of sorts. Or they'll lay low and if someone comes along who is willing to pay more, then they may just try to evict you if you don't agree to a substantially higher rate. Some folks hire a broker in situations like yours; you may just want to talk to one too, just to see whether the deal you were offered is a good deal, or maybe with some sweeteners it could be (repainting, recarpeting, etc...). But definitely have an attorney review the lease for booby-traps.
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