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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I recently moved (May) into a new apartment in Chicago

Customer Question

I recently moved (May) into a new apartment in Chicago (building has 20 units.) The building was brand new so the first month (May) was collected by a third-party as part of a contract between the building owner and the third party. After the first month the owner was to set up an online payment portal to pay through on an ongoing basis. When May 31st came the portal had not been set up. I texted my landlord how to pay and did not receive a response. I emailed in mid-june to resolve the situation and was told not to worry about it. There were elevator problems and some unfinished common areas during June so I assumed it was a concession they were providing. On July 29th I received a phone call from the landlord demanding June rent. Do I have an option to not pay? I had tried on multiple occasions to pay (texts and emails documented).
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately, no. The landlord has not waived their right to rent for the month.

However, the texts and email correspondence that you have is going to prevent the landlord from claiming any late charges or interest for the non-payment. (However, if you fail to pay following the landlord's most recent demand/follow up, the landlord can reasonably charge late fees and interest according to your lease terms based on that demand).