Legal Question in Landlord & Tenant Law in Illinois

We signed a one yr lease to rent a condo, paid the security deposit, and moved in but now the condo association is telling us the landlord had no authorization to sign a lease with us because he does not own the property (his wife and father-in-law do) and without 1st asking them permission and having us be approved as well as fill out background check info.

We received a letter stating they have the right to terminate our lease and evict us.It states the owner has until 11/18 to request a board hearing at which time they would decide what the penalties would be to the owner and if we would or would not be evicted.

Our landlord did ask us to fill out the background check paperwork on 11/1 after the association told him of the violation however he still has not turned over the paperwork to the association for processing.

We have been advised by the association not to pay the landlord again until after the hearing and should we be evicted he would be required by law to return our deposit, pay our moving costs, and any storage or hotel fees in cured until which time we find other residence.

We have no idea what our rights are as he had us enter into a legal binding agreement under false pretenses even after we asked him during the signing of the lease if there was anything on our end we need to do regarding the association. He said we didn't need to do anything, he would take care of everything, and get us any documents we needed.

Any advice or direction would be greatly appreciated as it seems we may be homeless within the next few weeks.

Sincerely,

Gina & Ken


Asked on 11/04/10, 8:30 pm

1 Answer from Attorneys

You do not identify the landlord's relationship to the owners of the condo. That is important. Because if the landlord is an authorized agent (such as a leasing agent) of the owners, then the landlord and the owners need to fix this. If the landlord is NOT the authorized agent of the owners, then there may be a fraud here. If you can contact the owners directly and find out what the situation is, that also would be helpful, because they can fix this if they want to, and need to do so if the landlord was their agent when the lease was signed. What also is not stated is how you found out -- most every condo association has "move-in" rules including some kind of security deposit against damage to the halls and such, so if you were not advised of these things then the landlord was remiss. OR, if there is a scam going on, then there may be some fraud and the owner and/or landlord may be liable to you for the cost of obtaining the lease, moving-in, having to move out if things are not straightened out, the costs to find another place and possibly the REASONABLE cost difference in rent between what you may have to pay some other place and this place if the other place is more expensive (but you can't be unreasonable either....). What also is not stated is whether the owners are rejecting the lease; the condo association can not necessarily do so on their behalf either -- that may depend on the declaration, bylaws and condo rules (some condo associations if they are large enough DO have leasing authority for owners). I hope this is not a scam. Get some more information and in the interim if you can try to work with the real owner and association that would help. But given the written communications from the association and until you know what is going on, I would agree you should NOT pay the landlord another dime.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/10/10, 7:53 am


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