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    thomas carter's Avatar
    thomas carter Posts: 8, Reputation: 1
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    #1

    Nov 13, 2006, 10:56 AM
    Month to month realestate lease Illinois
    Can a month to month tenant live out their security deposit in the state of Illinois
    Sentra's Avatar
    Sentra Posts: 385, Reputation: 55
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    #2

    Nov 13, 2006, 11:00 AM
    http://www.illinoislegalaid.org/inde...&contentid=372

    According to the above link, you don't have to move out if the landlord agrees that you can stay.
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    thomas carter Posts: 8, Reputation: 1
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    #3

    Nov 13, 2006, 11:12 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's Avatar
    Sentra Posts: 385, Reputation: 55
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    #4

    Nov 13, 2006, 11:15 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
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    thomas carter Posts: 8, Reputation: 1
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    #5

    Nov 13, 2006, 11:19 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's Avatar
    Sentra Posts: 385, Reputation: 55
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    #6

    Nov 13, 2006, 11:21 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.
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    thomas carter Posts: 8, Reputation: 1
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    #7

    Nov 13, 2006, 11:27 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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Nov 13, 2006, 11:30 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 dependent 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's Avatar
    Sentra Posts: 385, Reputation: 55
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    #9

    Nov 13, 2006, 11:32 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.
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    thomas carter Posts: 8, Reputation: 1
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    #10

    Nov 13, 2006, 11:34 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?
    Sentra's Avatar
    Sentra Posts: 385, Reputation: 55
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    #11

    Nov 13, 2006, 11:39 AM
    A month-to-month lease has no specific beginning or ending dates. It renews itself every month until you or your landlord terminates it.

    http://www.illinoislegalaid.org/inde...ID=1416#leases
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    thomas carter Posts: 8, Reputation: 1
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    #12

    Nov 13, 2006, 11:40 AM
    I want this tenant to pay her November rent. Can Take her to small claims court?

    Is the tenant at required to give 30 day notice if they're moving out?
    Sentra's Avatar
    Sentra Posts: 385, Reputation: 55
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    #13

    Nov 13, 2006, 11:48 AM
    I have nothing more to add, all I ask is that you take the links and advice that excon and I took the time to add.

    A month-to-month lease has no specific beginning or ending dates. It renews itself every month until you or your landlord terminates it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Nov 13, 2006, 11:48 AM
    First, a security deposit can generally be used for two purposes; to cover damage to the premises and/or to cover unpaid rent. But in the case of unpaid rent, it's the landlord's decision not the tenants.

    However, that doesn't preclude the tenant from not paying the last month's rent and figuring that by the time the LL goes through eviction proceedings, they would be gone anyway. Is it legal? Not really. Does it work? Usually.

    So lets review your options. You can harass her and she might damage the apartment out of spite or you can let her slip out and THEN go after her. If she does not move out when she gave notice, you can charge her for any amount of the rental that you lose as a result. If she stays on 5 days, but that means your new tenant can't move in for 2 weeks then you can charge her the 2 weeks. If she left damages that needed to be cleaned up before you can let new people move in, then those days can be charged for.

    So what you will need to do is document all your costs and any repairs. Then you will need to take her to court and obtain a judgement against her. You can then use that judgement to go after her assets (assets that YOU will need to find).
    thomas carter's Avatar
    thomas carter Posts: 8, Reputation: 1
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    #15

    Nov 13, 2006, 11:48 AM
    When will I get an answer to my last 2 questions?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Nov 13, 2006, 11:57 AM
    Looks to me like you already got them. But remember this site is "staffed" by volunteers. People with knowledge and experience they voluntarily share. There is no way to know when someone who can answer will see and respond to your posts.
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    thomas carter Posts: 8, Reputation: 1
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    #17

    Nov 13, 2006, 12:00 PM
    Her security deposit was 750.00. Her current rent is 775.00. Should I go after her for the 25.00 or just forget it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #18

    Nov 13, 2006, 12:02 PM
    Wait until she moves out and you know what total expenses you are dealing with. Then you can decide whether to go after her or not. If you know where she works, you can garnish her wages. But of you have no clue about income or assets, it will be harder to find the funds.
    Homer2's Avatar
    Homer2 Posts: 11, Reputation: 1
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    #19

    Nov 15, 2006, 02:10 PM
    Quote Originally Posted by thomas carter
    I want this tenant to pay her November rent. Can Take her to small claims court?
    Yes
    Is the tenant at required to give 30 day notice if they're moving out?
    Yes
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