Legal Question in Real Estate Law in Illinois
Tenants Rights
Recently our landlord attempted to change our lease after we called the city on them. We reponded by giving them notice of our intent to leave and since they have broken our lease by trying to change it we have alerted them to the fact that we will be using our security deposit as our last months rent. As part of their now defunct lease they state that we cannot use the security deposit as rent and we have recieved a letter telling us that we have 5 days to pay them or our posession of the premises will be terminated. What can they do? We will not be able to move out until the end of the month, can they put out things out on the street or lock us out?
1 Answer from Attorneys
Re: Tenants Rights
A 5 Day Notice is merely a prelude to filing a court case against you. They then have to serve you with the court papers. Then there's a court date. Then they have to win their case. And then the judge usually gives people some time to move out. So you won't be kicked out anytime too soon.
On the other hand, you may owe some money. You have kind of a mixed bag in the sense that, on the one hand, they tried to unilaterally change a lease (they can't do that). Also, it was in response to your reporting of them. On the other hand, it's also true you can't use a security deposit as rent.
You probably will have the upper hand in court and it's possible you won't owe a thing. Also working in your favor is the fact that you gave a notice to leave. Good luck!
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