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Old 07-03-2013, 11:54 AM
 
1 posts, read 3,753 times
Reputation: 10

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Hi there! Just created an account on the site because I have a bit of a sudden issue regarding an apartment that I have been approved for (and have already sent in the first month's rent for) in Chicago.

Keep in mind, I am a student and have been working with my roommates and my parents on renting our apartment by our university. Over the past few weeks, myself and my three roommates (and our cosigners) have applied for and been approved for an apartment in Uptown Chicago. Our application was approved. We were given the lease and all documents and they have all been signed and sent in by every one of us. We have paid the move in fee and application fees already. Over the past couple of days, we have all sent in the rent checks for our first month, which begins August 1st.

Today, my roommate was told that the current tenants (who were/are to move out by July 31st) have suddenly decided that they want to "stay" in the apartment and renew the lease.

I am a little perplexed here. We are in the midst of trying to contact the landlord and deal with this, but I just wanted to ask.

With a little under a month to go until they were to move out and after we have already signed the new lease and paid for the first month of rent, are they allowed to just stay? Are we entitled to the place, as we have already been guaranteed in writing that it is ours and that it is "off the market"?

I am a first time renter and my roommates are only renting in Chicago for the second time, so we are a little confused and looking for any kind of help and advice.

Thanks so much.
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Old 07-03-2013, 12:00 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by smktnsky View Post
Today, my roommate was told that the current tenants (who were/are to move out by July 31st)
have suddenly decided that they want to "stay" in the apartment and renew the lease.

We are in the midst of trying to contact the landlord and deal with this, but I just wanted to ask.
Sorry... until you talk to the LL all you'll get is speculation based on hearsay.

If the specific unit you looked at is unavailable (for whatever reason) for the promised date...
the LL has the responsibility to remedy the situation in whatever manner the law in YOUR state allows.
You can be certain that the scenario HAS come up before.

Commonly... he could MAYBE offer a different apartment or could MAYBE refund all the money paid...
or could MAYBE come up with something creative. Good luck.
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Old 07-03-2013, 01:35 PM
 
723 posts, read 2,192,944 times
Reputation: 927
I am not a rental expert/lawyer.

However I think it would be up to the landlord in this situation, meaning, the tenants cannot extend/create the lease without the landlords consent (unless its written to auto renew the lease).
If they are on month to month, or at the end of their lease, the landlord possibly could give the a 30 day vacate to notice.
I'd bet that your landlord already had their INTENT to vacate (else why would he show the unit?) but for whatever reason it fell through, and the tenants are staying put. I would definitely investigate any legal remedies you may pursuit which may persuade the landlord to follow through.
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Old 07-03-2013, 02:21 PM
 
912 posts, read 5,258,613 times
Reputation: 2089
I don't think the lease valid until BOTH the tenants and the landlord sign it. So even though you fulfilled all your obligations, it may not mean its an actual contract without the landlord's signature on it.

This could go either way, I wouldn't be happy with tenants that tell me they are leaving, and at last moment they change their minds. I would push for them to go.

Still, if you guys don't end up renting from this person, you MUST get every last penny refunded to you. I may even try to go farther and get extra money for the troubles.

I would actually wait to see what the LL says before letting this issue drive you crazy.

Best of luck, keep us updated.
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Old 07-03-2013, 04:33 PM
 
Location: Silicon Valley
18,813 posts, read 32,480,254 times
Reputation: 38575
Check your lease to see if there's a provision to break the lease if the landlord can't produce the rental as agreed because the former tenant didn't vacate.

My lease has such a provision.

I agree, you need to talk to the landlord to see if there are other options, like a different unit.
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Old 07-03-2013, 06:13 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Talk to the LL. Pretty much end of the story.

Why on earth did you pay your rent so early?
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Old 07-04-2013, 12:26 PM
 
Location: West Virginia
13,926 posts, read 39,275,326 times
Reputation: 10257
You should receive all money back.....good luck looking for a new apt. Whether or not the LL agrees to let them stay for him to get them out will take months... possibly going to court. Either way get you full refund go look for another place... make sure it empty!
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Old 07-04-2013, 09:14 PM
 
16,235 posts, read 25,202,137 times
Reputation: 27047
Quote:
Originally Posted by smktnsky View Post
Hi there! Just created an account on the site because I have a bit of a sudden issue regarding an apartment that I have been approved for (and have already sent in the first month's rent for) in Chicago.

Keep in mind, I am a student and have been working with my roommates and my parents on renting our apartment by our university. Over the past few weeks, myself and my three roommates (and our cosigners) have applied for and been approved for an apartment in Uptown Chicago. Our application was approved. We were given the lease and all documents and they have all been signed and sent in by every one of us. We have paid the move in fee and application fees already. Over the past couple of days, we have all sent in the rent checks for our first month, which begins August 1st.

Today, my roommate was told that the current tenants (who were/are to move out by July 31st) have suddenly decided that they want to "stay" in the apartment and renew the lease.

I am a little perplexed here. We are in the midst of trying to contact the landlord and deal with this, but I just wanted to ask.

With a little under a month to go until they were to move out and after we have already signed the new lease and paid for the first month of rent, are they allowed to just stay? Are we entitled to the place, as we have already been guaranteed in writing that it is ours and that it is "off the market"?

I am a first time renter and my roommates are only renting in Chicago for the second time, so we are a little confused and looking for any kind of help and advice.

Thanks so much.
Are you sure you haven't been scammed? Have they cashed all the checks? I'd go to the law, or check w/ Better Business Bureau...Consumer Fraud and Complaints...in your state there should be a website...Go review what they list for rental scams, and follow up.
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Old 07-05-2013, 06:43 PM
 
90 posts, read 344,348 times
Reputation: 133
This is a common scam in Chicago. Was this from Craigslist?
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