All Forum Posts by: Account Closed

Pls excse typos,typing on android.By the way,her car is in a gated garage,si boyfriends car is only car outside when he visits.

@Kyle Hip,you posted that I seem insulted by tenants request,in a way Iam.I believe in abiding by a written contract and feel shes taking us for fools.Her reason is to buy is why she claims she wants a one yr lease,she is lying.A few weeks ago,herboyfriend parked outside,he stupidly left gis car keys and xell in rhe car,it got broken into.Now hes blaming the area,telling her hes worried for her safety.He was dumb,so now its the area.I dont feel I owe her anything,and she had a choice of a one yr lease before signing. I feel like just sating no to her request, but I will hold my tongue.,'
I dont claim to know the law well,so your comment was uncalled for.I know that sec deposits arent used for rent,I merely said we waived it.I am grateful for all advice,pls keep it coming.

I will play nice as many have advised, but I will frame it such that she realizes I am doing her a favor as well. If I tell her I agree to her changing the lease, I will ask that the new lease be for a year and a half, I will ask her for a security deposit also. Or am I being dumb? Either she agrees to those new terms in the new lease, or she gets stuck with the original 2 year lease.What do you think? I revised the letter:

Hi, (Name removed):

I wanted to get back to you about changing your lease to a 12 month. Our attorney discussed with us the legal impact this would have, and frankly, it had the potential get pretty ugly because as he explained, technically you would be breaking your contract. Below is the letter our attorney originally wanted us to send you, it basically explains all the penalties of breaking a lease in Chicago.Also, some landlords normally charge a "break lease fee" as well as one full month's rent in addition; some even increase the rent. However, since we have been on friendly terms and I wish to keep it that way, we are willing to negotiate and work with you so that it's a win-win for all of us. Therefore, we are proposing that in order to change your lease term to a 12 month term, the following be agreed to:

1) A new lease is signed and executed,
2) You pay $ 1400 security deposit, one month's rent
2) The new lease dates will be June 7, 2013- Dec. 1, 2014

If you agree, I will have the attorneys draft an amendment, and we will set a date to sign a new lease as soon as possible. Please let us know no later than Tuesday, July 15. If we do not hear from you, we will assume that you wish to remain on a 2 year lease, and the letter below will be in force.

-------------------------------------------------------------------------------------
July 11, 2013

To: ("Lessee" and "Tenant")

From: ("Lessor)

Re: Breaking/Early Termination of Lease at .....

After consultation with our attorney and careful review of the terms of the "Condominium Unit Apartment Lease" (which bears your signature) , your request to terminate your lease one (1) year early cannot be approved. The explanations are below and guided by city and state laws:

The terms of your rental began on June 7, 2013 and ends on June 7, 2015. According to Chicago Civil Code Section #5-12-120 , a Tenant that violates the lease terms is responsible for the entire balance of the rent for the remainder of their term. In the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees as provided for by court rules, statute, or ordinance. Specifically, Section E of the "Condominium Unit Apartment Lease" (which bears your signature) states: " Lessee shall pay upon demand all Lessor's costs, charges and expenses, including the fees of agents and others retained by the Lessor and, as provided by applicable laws and court rules, the fees of counsel, incurred in enforcing Lessee's obligations hereunder or incurred by Lessor in any litigation, negotiation, or transaction in which Lessee causes Lessor, without Lessor's fault, to become involved or concerned."

A lease is a legal document that is binding as soon as it is signed. Please familiarize yourself with its terms and conditions, as any violations will result in the above repercussions, as well as be reported to all 3 major credit bureaus.

You all are correct, I have little leverage and probably best thing is to just change the lease to a 1 year, and request she pay 50$ extra in rent. (Preferably, I'd want her to pay the equivalent of a security deposit divided into the rent, but that would come to about 100$ extra in rent, which she probably cannot afford)
If she says no, she cant afford the extra $50, (thats the lowest I will go) then what course of action can I take? Hopefully she will just stay the extra year. I thought of putting the burden on her to find a replacement tenant (sublet), but that just seems like even more work for us all. I feel powerless, thought landlords had more power than this....

Thanks for the great replies so far! I am thinking of increasing her rent by 100$ . She currently pays 1400$, It may seem high, but it's a condo , high end. To justify that increase, its because my husband and I also pay 180$ monthly HOA dues, and that extra 100$ would help.Otherwise, we don't actually profit from her rent by much.In addition to raising her rent, I'd like to ask for 2 months rent since she did not pay a security deposit. Should I ask for the 2 months rent asap or when she moves, I want to make sure we get it first before agreeing to modify her lease. Finally, I need a letter stating these new agreements, payments, any idea of how to write it?Thank u!!!

Hi, I had a tenant move in a month ago and already she wants to end her lease a year early, she signed a two year lease until june 2015.She claims she and her boyfriend want to buy a home and wants to end her lease in 2014. Well, I dont believe her, but thats another story, I think she just doesn't like the neighborhood....my husband and I still pay the mortgage on her apt, and we live downstairs from her actualy. We have been very laid back, friendly, and accomodating with her, especially after finding out she was a Registered Nurse like me, there was instant bonding, so to say.We did not ask for a security deposit, but i dont think one months deposit would help anyway if a 2 yr lease is broken!Needless to say, I think she has taken our niceness for granted and is trying to see how far she can go. My thing is, why would u sign a two year lease if you thought you would be buying in the near future? I planned on emailing her this letter as well as putting a copy in an envelope to give her, can you all plse read it and let me know how it comes off? She may be shocked at its tone, because up to this point we have been very friendly, the letter is rather cold, but I need to protect myself.Thanks in a advance! Heres the letter, its short:
July 11, 2013

To: Name removed ("Lessee" and "Tenant")

From: Name removed ("Lessor)

Re: Breaking/Early Termination of Lease at (address removed)

After consultation with our attorney and careful review of the terms of the "Condominium Unit Apartment Lease" (which bears your signature) , your request to terminate your lease one (1) year early cannot be approved. The explanations are below and guided by city and state laws:

The terms of your rental began on June 7, 2013 and ends on June 7, 2015. According to Chicago Civil Code Section #5-12-120 , a Tenant that violates the lease terms is responsible for the entire balance of the rent for the remainder of their term. In the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees as provided for by court rules, statute, or ordinance. Specifically, Section E of the "Condominium Unit Apartment Lease" (which bears your signature) states: " Lessee shall pay upon demand all Lessor's costs, charges and expenses, including the fees of agents and others retained by the Lessor and, as provided by applicable laws and court rules, the fees of counsel, incurred in enforcing Lessee's obligations hereunder or incurred by Lessor in any litigation, negotiation, or transaction in which Lessee causes Lessor, without Lessor's fault, to become involved or concerned."

A lease is a legal document that is binding as soon as it is signed and cannot be modified. Please familiarize yourself with its terms and conditions, as any violations will result in the above repercussions, as well as be reported to all 3 major credit bureaus.