Legal Question in Landlord & Tenant Law in Illinois
I currently rent an apartment from someone and I signed a lease back in July of 07 and it was a lease for 12 moths. My rent is 325.00 but she had on my lease to pay 150 every two weeks. Up until July of last yr I did pay that but then I paid sometimes every two weeks and sometimes once a month, but the full amount. I asked her about living there and not having a lease and she told me that she would have to get me a new one to sign... she is now claiming that I owe her for late charges... if i didnt pay every other week she was accruing late charges per our lease... but I was not on lease at the time... so can she legally charge me all these late fees.... which are equalling to well over 900 dollars?
1 Answer from Attorneys
I am confused. You said you signed a lease in July 2007, and you said you were "not having a lease" and "I was not lease at the time". Which is it?
Did the lease you signed in July 2007 expire? If so, when? Did that lease automatically renew? What did that lease provide regarding late fees?
Usually, when a residential written lease expires, the tenant either moves out, or continues to rent under an written extention clause or option or agreement. If the tenant continues to rent without a written extention clause or option or agreement, then the tenant is renting on a month-to-month basis under the same rental terms as the expired written lease. What do you have? You could be legally charged with late fees, but may be able to dispute the landlord's calculations resulting in well over $900.
Do you have an attorney?
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