[pammaes]

This is the 2nd time this year I'm writing regarding a rental problem for my family. ScottGem and LisaB were very helpful the last time. I am again writing for my son and daughter in law. They really seem to have some "bad karma".
As of October 1, 2008 they signed a one year lease for a house in Palos Heights, Illinois (Cook County) A small old house that wasn't much to look at but the interior was somewhat updated and roomy and the rent was "right" Plus a yard for their 2 little boys. The landlady seemed very nice and even provided the phone number of her handyman to call if anything was amiss. The reason they only signed a 1 year, with option to renew (with 3% rent increase at renewal) was they had hoped to save for a down payment for a home of their own by the end of the year. We all know how the economy tanked! Early September my son left a vm message for the landlady regarding renewal of the lease. They had not heard from her. Today, by regular mail, they received a letter (not registered or signature required) stating that she was not renewing their lease. They had to be out of the house by September 30, exactly 7 days from receipt of this letter. They have taken care of this property, have not caused any damage and are clean people nor have they caused any problems. For the most part they are gone quite a lot, to work, son's sporting activities etc. To complicate matters, the wife is pregnant and due this week, with a complicated pregnancy and high risk. They have everything set up and ready for the baby to come at any time. The 2 little guys are enrolled in the local schools and doing very well. To pull up roots so quickly would be disastrous on all counts.
My son called the landlady upon receipt of this letter today and she was very unreasonable and nasty. My son explained their situation in entirety including the baby due this week and she showed no sympathy , just said she did not want to renew the lease and besides the people who lived there before them, (we assume were in the military) were deployed back here and wanted to move back into the house! She wants my son's family out within a week so these people can move back in. They have no where to go right now and no financial resources to do so. And Dad and I don't have financial or physical resources to help either! Do they have any legal recourse? Any insight andhelp you could give would be truly appreciated! Thank you so very much.

[LisaB4657]

The landlord cannot kick out your son's family with notice of only 1 week. She has to provide at least 30 days notice, and if your son's family hasn't moved out within that time frame she has to file a lawsuit for eviction. The legal process can take another 15-45 days, depending on the court's backlog.

In addition, if the lease contained an option for your son to renew then it's very possible that the landlord does not have the right to terminate the tenancy for another year. Your son should bring the lease to an attorney for review.

[parkerbenson]

The lease may have contained a requirement that your son notify the landlord at least 30 days or 1 month prior to lease end of intent to renew, in which case he may have forfeited his right to renew the lease for a year, however, I would suspect he has a right to a 30 day notice to vacate as yearly tenancies paid monthly automatically become monthly tenancies upon renewal and the landlord failed to notify him. This could get nasty, if he has money for October rent, why not find a place willing to accept first month's rent with no deposit and get out of that situation?