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WonderXman · Nov 3, 2010, 03:09 PM

(Illinois) Friend of mine just got the OK to rent an apartment for a couple (verbal aggreement). We (mostly I) already have moved 98% of her funiture into the new place (she has keys to the place), old landlord was given notice, and now the couple is going through some problems in their marriage, and the husband wants to stay in the apartment. Does my friend have to move immediately. And isn't the fact that they said she could move in, a binding contract. And the fact almost all her furniture is already in the apartment ( major pain in the *** to get there) mean she now has the right to live there, or that she has taken possion of the aprtment ?

excon · Nov 4, 2010, 05:50 AM

Hello W:

In your case, it doesn't matter whether a written lease takes precedence over a verbal one, because your friend ONLY has a verbal one. Therefore, the verbal one, being the ONLY agreement between them, will be enforced...

But, that doesn't really solve your friends problem... She's ONLY a month to month tenant, and can be given 30 days written notice to vacate. At least she doesn't have to move NOW.

What I would do, is have your friend write the landlord a certified letter explaining that she has an agreement and has taken possession of the premises.. No need to mention 30 days written notice. Let the landlord seek his own legal advice.

excon

WonderXman · Nov 4, 2010, 06:41 PM

First of all, thanks for repling so quickly. I think they know, we already moved most of her stuff in, but I believe it is a bunch of crap, that this dude would pull some crap like that to someone who technically already moved in ( if I am diggin what you are sayin) So, in a nutshell, since she already has taken possession of the premises,with no utillieties in her name or having changed her address to there yet, they now have to give her a 30 day notice to vacate ?

Fr_Chuck · Nov 4, 2010, 06:45 PM

Change of utilities or address change is not related to a rental.
It is an agreement, I will assume she paid her deposit and was given a key to move in by the landlord or management company.

That means the old renter had already moved out ( since she has already moved most of her stuff in)

She took possession when she paid and was given a key.
This is a verbal, and the old renter has no right to the rental property at this point.

The landlord can as noted give them notice to move but can not make them move out without formal evictions

WonderXman · Nov 4, 2010, 07:32 PM

Thank you Fr Chuck for responding. I don't know if she gave the depoist yet, but I do know she has keys. The couple that are having problems are the landlords, and it is the husband takes is going to stay in the apartment. This stinks to high heaven, I mean she said her current landlord begged her to stay, but she didn't want to, and old landlord made a call to the current couple, and now they are having problems and he needs to stay there, and for go any money coming in for renting the place to someone else, so he can stay there... sounds too convenint for me, but she is the type that doesn't want to have people mad at her so she takes **** from people and they take advantage of her, when she needs to fire back... course that's just my theroy I could be wrong

AK lawyer · Nov 4, 2010, 09:05 PM

Originally Posted by WonderXman

... old landlord was given notice, and now ... husband wants to stay in the apartment. ...

Did the old tenants (and particularly the husband who wants to stay) have a lease? Had it expired? Were they given due notice to vacate? Has that notice period expired?

Your friend, who has half moved in, should think about asking for a written lease, as well as waiver of rental payments until the old codger is gone. It's up to the LL to get him out (by eviction or whatever it takes).