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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I live in the west loop area, K-2 Bldg, I experienced

Customer Question

I live downtown in the west loop area, K-2 Bldg, I experienced problems in my building over breech of their contract provisions to me after moving there. They offered to help pay for resulting Dr bills then backed out from it. I accepted that and fulfilled my lease. My lease expires 7/31/16. I do not have a place to move into until 8/15. They said they will not allow me the extra 2 weeks even if I pay for it. I pay $2000/mo and have been here for 1 year. What can they do legally to me if I pay and stay the extra 2 weeks. Thank you!!
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
This is in the state of Illinois.
Expert:  MDLawyer replied 1 year ago.

Hello Elise and thank you for using the Just Answer website and for allowing me to assist you this afternoon.

I'm sorry to hear about your situation. Unfortunately, they are not legally required to allow you to stay beyond your lease. If you attempt to pay for the following month, they have the right to reject the payment. Normally, a landlord would allow a tenant to stay after the expiration of the lease and become a month to month tenant but it sounds like they have not given you the opportunity to go month to month. If they accept your rent payment for the month of August, however, you then have the legal right to stay there. If they reject your payment, you will become what is known as a holdover tenant and they have the right to go to court to start eviction proceedings.

Customer: replied 1 year ago.
Would they do that over 2 weeks late stay? If I've moved out by the time they do that what then? How quick can you evict someone in Illinois? An attorney told me before that Illinois is a tenant friendly state.
Expert:  MDLawyer replied 1 year ago.

I can't predict what they will do. I can only tell you what the law allows them to do. IL is a tenant friendly state generally speaking but if you have a situation that is black and white, there's not much wiggle room for a court. If your lease is over and you have not moved out, that is called a holdover. Your lease probably contains additional provisions concerning holdover tenancy as well as what the law states. If you have moved out before they get a court date, they could cancel the proceedings or you could show up to court and explain that you have already moved out but the landlord might put a notation on your credit and rental record. That might matter to some people but not to others.

Customer: replied 1 year ago.
do you know how long an eviction court date can take?
Expert:  MDLawyer replied 1 year ago.

How long an eviction court date takes depends on the docket of the specific court and so it obviously varies.

Expert:  MDLawyer replied 1 year ago.

Please let me know whether you need any additional information. If you do, simply reply back to me and I'd be happy to continue our conversation. If you do not need any additional information, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent researching and answering your question. Thank you in advance!

Expert:  MDLawyer replied 1 year ago.

Hi Elise. I see that this question is still open. Is there any additional information that you need from me? Please let me know. Thank you.

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