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I am a tenant in Illinois and I recently sent my landlord a…

Hello I am a...

Hello I am a tenant in Illinois and I recently sent my landlord a notice to vacate letter stating I would be out by January 1, 2018… When I asked about my security deposit he informed me I would need to give him a 60 day notice currently I am on a month-to-month lease

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Security deposit he informed me I would need to give him a 60 day notice currently I am on a month-to-month lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

Filed or reported with the courts?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time thank you

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Answered in 1 minute by:
11/22/2017
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,802
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
Thank you for using JA. I am Loren, an Illinois licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
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Where did the landlord come up with the 60day notice requirement? Is there a written lease with a 60 day notice requirement?
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Customer reply replied 8 months ago
The lease was in effect from February 8, 2016 until July 31, 2017 I did not sign a new lease agreement in the lease it states I am month-to-month after July 31, 2017 It does state in the lease that a 60 day notice is required within the term of the lease
Just to clarify, you had a right to terminate the lease on 60 days notice during the lease term? Or does it say it is 60 days to terminate when it goes month to month?
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Customer reply replied 8 months ago
It states the term of this lease will be from February 8, 2016 until July 31, 2017 month to month after that at the amount specified… 60 day notice to vacate or no security deposit returned He raised my rent without a new lease agreement
Well then it sounds like the 60 notice is in accordance with the terms of the lease. Normally, the termination of a month to month tenancy requires one full month’s notice, unless the lease provided otherwise, as does this one. What is your question?
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Customer reply replied 8 months ago
because he has changed the terms of the lease by charging me more rent July1, 2017 instead of august 1,2017 am I able to get my security deposit back
Did he give notice of one month to raise the rent? Did you pay the higher rent?
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Customer reply replied 8 months ago
I paid higher rent. He sent a notice June 3rd by text of higher rent required July 1
Customer reply replied 8 months ago
I paid higher rent because I had no where to go and did not want to chance getting evicted
Thank you for the additional informwtion and your patience.
While you could have enforced the required notice period to stsrt paying increased rent, by paying it you modified the month to month tenancy. It would not change the 60 day requirement to terminate. So, you still need to give 60 days to get the deposit returned.
I am sorry. I wish I could tell yuo otherwise, but I do not want you to be spinning your wheels on this.
If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,802
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
Loren and 87 other Landlord-Tenant Specialists are ready to help you
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Loren
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,802
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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