Landlord two months rent as "liquidated damages" (CHICAGO) (apartment, lease)

[ShelleyBill51]

I just finished a 12 month lease on Aug 31st at a building owned by a large management company. I moved elsewhere on Sept. 1. I'm a student who was a first time renter and I just received a bill in the mail from this large management company for two months rent because I failed to give a 30day notice of intent to vacate.

I'm not sure what's standard as far as giving a landlord notice of intent to vacate in Chicago(I am from Massachusetts), but there was nothing in the lease regarding a 30 day notice. I still have the lease and there is absolutely nothing referencing any type of notice. I was under the assumption that once the terms in the contract were completed and fulfilled, we were both free to go our separate ways.

I've also done a lot of research but can't find any source giving the management company the authority to do this. Can anyone help me out here with the info?

[Informed Info]

It's up to the lease, not the state.

I have never come across a lease that doesn't have that provision in it.

You need to give your lease another look.

[ShelleyBill51]

Trust me, the lease does not have that provision in it.

I am a 3L who is pretty familiar with contracts, and my dad is a lawyer in MA. Neither of us could find anything in regards to any type of notice requirement. I wasn't sure if there was some IL or Chicago ordinance that gave my landlord the authority to charge 2 months rent for failure to notify them that I'd be moving on. Haven't found anything...

[NoMoreSnowForMe]

Sounds like a bunch of baloney to me. But here's a reference:

City of Chicago :: Rents Right

Logically, if your lease said nothing about notice, it's done when it's done. If you can't convince them you're not stupid enough to fall for it with a demand letter, court it is. Unless, the Chicago tenants union says something different.

I'm appalled at the number of landlords that try to rip off tenants. This should be educational for you, at the very least. And I have a joke with my daughter about how some people need a "consequence" and sometimes it's my job to be their "consequence.' Let you be his consequence :-)

[eevee188]

Does the lease say anything about automatic renewal, becoming month-to-month, or anything else like that? If it really doesn't say anything about what happens when the lease ends, this is a slam dunk for you. I can't believe a big management company is using such a terrible lease!

[momtothree]

I agree with others, I can't believe your lease has nothing on any type of notice to vacate anything under any circumstances. In any case, let your dad contest it.

[Koale]

Originally Posted by ShelleyBill51

Trust me, the lease does not have that provision in it.

I am a 3L who is pretty familiar with contracts, and my dad is a lawyer in MA. Neither of us could find anything in regards to any type of notice requirement. I wasn't sure if there was some IL or Chicago ordinance that gave my landlord the authority to charge 2 months rent for failure to notify them that I'd be moving on. Haven't found anything...

your Dad is a Lawyer (or is he?) so have him end this mess.
K

[ShelleyBill51]

Originally Posted by Koale

your Dad is a Lawyer (or is he?) so have him end this mess.
K

My dad is a tax lawyer and his specialty is not in real estate or tenant-landlord law unfortunately.

The only provision that mentions month-to-month tenancy is a holdover provision. It says:

"Tenant shall be liable for double the monthly rent in the event that tenant retains possession of all or any part of the apartment after the ending date of this lease, and lessor may at its sole option, upon written notice to tenant, create a month to month tenancy between lessor and tenant under the same terms and conditions of this lease, except that tenant shall be liable for all damages sustained by lessor, plus costs, and legal fees as allowed by court rules, statutes or ordinances."

However, I moved out completely on August 30th, and I have not received any written notice, so this seems harmless.

They did try to get my to sign their boilerplate notice of intent to vacate the day I moved out, which contained a liquidated damages clause for failing to give 30 days notice. Definitely didn't sign. I wonder why they just wouldn't put that into the lease?

[momtothree]

Originally Posted by ShelleyBill51

My dad is a tax lawyer and his specialty is not in real estate or tenant-landlord law unfortunately.

The only provision that mentions month-to-month tenancy is a holdover provision. It says:

"Tenant shall be liable for double the monthly rent in the event that tenant retains possession of all or any part of the apartment after the ending date of this lease, and lessor may at its sole option, upon written notice to tenant, create a month to month tenancy between lessor and tenant under the same terms and conditions of this lease, except that tenant shall be liable for all damages sustained by lessor, plus costs, and legal fees as allowed by court rules, statutes or ordinances."

However, I moved out completely on August 30th, and I have not received any written notice, so this seems harmless.

They did try to get my to sign their boilerplate notice of intent to vacate the day I moved out, which contained a liquidated damages clause for failing to give 30 days notice. Definitely didn't sign. I wonder why they just wouldn't put that into the lease?

And in that section where you pulled the above excerpt, what does it say preceding and after it?

My next question, do you have proof of when you handed over the keys to them? ie final walkthrough etc. Or mailing the keys back in a certified/registered package etc.

[momtothree]

I googled what you posted from your lease and came up with this which also happens to be in IL, is this similar to your lease?

Illinois Lease