Legal Question in Real Estate Law in Illinois
Apartment Possession
My wife and I recently signed a lease for a new apartment that was advertised as being available May 1st. The lease states that May 1st is the start date. However, when we called the owner about moving in May 1st, he stated that the previous tenant was moving out that day and could we move in later. Because our lease at our current apartments ends April 30, we need to move in May 1st. It seems unethical for the owner to advertise an apartment's availiability for a certain date with the current tenants moving that same day, even to put that in writing. How could they possible make sure the apartment is in good order (cleaning,repairs & painting)before we take possession? My wife and I don't want to get stuck here. What are our rights and what actions can we take? Thank you.
1 Answer from Attorneys
Re: Apartment Possession
In my opinion you are entitled to complete possession of the apartment at 12:01AM May 1st, provided this is what the lease states. Your landlord is telling you that he is depending on the previous occupant to clean up and paint. Why don't you ask your Landlord how long he wants to get the apartment cleaned and painted, and how much is is going to pay for your stay at a hotel and for storage of your household goods? I believe that you should contact someone, like me, who is a Real Estate attorney with a litigation background in the community in which you live. Good luck!
Charles Dobra
Charles Wm. Dobra, Ltd.
675 East Irving Park Road - Suite 100
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