month to month realestate lease Illinois

thomas carter · #1 Nov 13, 2006, 08:56 AM

Can a month to month tenant live out their security deposit in the state of Illinois

Sentra · Nov 13, 2006, 09:00 AM

http://www.illinoislegalaid.org/inde...ontentid=37 2

According to the above link, you don't have to move out if the landlord agrees that you can stay.

thomas carter · Nov 13, 2006, 09:12 AM

My month to month tenant has refused to pay November rent. States she's moving December 1,2006 and I should apply her security deposit toward the November rent. I'm not in agreement with this. Can she do this legally in the state of Illinois.

Sentra · Nov 13, 2006, 09:15 AM

If she is still living there for the duration of her lease, then YES she MUST pay her rent. Is she agreeing to use her security deposit as her rent money? I would think it would be ok, as long as it covers the total cost for rent.

http://www.illinoislegalaid.org/inde...t&contentID=75

Hopefully this helps

thomas carter · Nov 13, 2006, 09:19 AM

If an Illinois tenant uses her bath towels to dry up water form toilet overflowed can they purchase new towels and deduct the cost from their rent?

Sentra · Nov 13, 2006, 09:21 AM

Not if they caused the overflow.

I must add, that if you are refusing any repair service or other services of any kind, there will be other problems.

thomas carter · Nov 13, 2006, 09:27 AM

A security deposit may be used as the last month's rent as long as it covers the amount of the rent whether the landlord agrees or not in the state of Illinois?

excon · Nov 13, 2006, 09:30 AM

Hello thomas:

Tenants cannot live out their security deposit. It leaves you with NO security if they damaged anything. The problem is that by the time you evict her, she'll be out. She'll probably leave the place a mess too because she has no money dependant on her acting otherwise.

Let's hope she doesn't, and moves when she's supposed to. If all you're going to be out is the cost of a few towels, then be glad she's gone.

excon

Sentra · Nov 13, 2006, 09:32 AM

If that is what you and your tenant agree on, get a promisary note done and sign it in front of a notary by the both of you, stating that her deposit will cover her amount of rent disincluding anything else AND that she does not expect it back. Now, this is all based on my assumption that she does not owe anything having to do with damage to the apartment, tenant's fees, etc.

thomas carter · Nov 13, 2006, 09:34 AM

If a month to month Illinois tentant is suppose to be out on the last day of the month and she's still occupying the property into the next month, should the landlord charge for a full month's rent or pro-rate the next month's rent?



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