Leases, and renewals (Chicago, Oak Park, Rome: apartments, rental, condo)

[sfcambridge]

I have been living in Chicago for the past year. In previous cities (Boston, San Francisco), after signing the first year lease there was no lease renewal. You just started going month to month. It worked out well for me, leaving me the flexibility to end my lease when I wanted with the appropriate advanced notice.

I am about to reach my 1 year point in my current Streeterville apartment. My landlord is wanting to know if I will renew my lease for another year. I was surprised to get the request, as I assumed it would jump to month to month, which is what my (generic formulaic) lease says. My landlord is putting pressure on me to sign it, saying that July/August are the best months for filling apartments otherwise (my lease ends July 1).

I don't want to sign a one year lease, because personal/job events have changed and I can't commit and there is a chance I may have to move. When I signed the original lease, they were not willing to consider subletters, as it is a condo building and they claimed the condo association was not in favor (I don't know if this is true though). I haven't asked them again though.

Is this typical? Is it a renter's market now, or do landlords have the advantage? I am a good tenant (and they were burned in the past....) so I was a little surprised they are not more flexible. But I haven't pushed yet. I think my landlord is just trying to play ?hardball but want to know what is the norm.

Thanks.

[linicx]

I think it is what it is. If you don't want to be obligated for a full year, then you need to neotiate for 6 months or plan on moving by July.

when in Rome ........ You're in Chicago. I've read several times that you can find a short lease in Oak Park. I don't know it to be a fact.

[sfcambridge]

Thanks for your thoughts. I grew up in Chicago so I know it pretty well in some ways, but just not the current renting situation. If that came off badly in my post, I apologize.

Just was hoping to get a little more input... I'm in a very rough situation right now. I am a bit isolated as I am caring for my seriously ill parents and moving in the next month is impossible.

Does everyone have serial leases in Chicago? This is in fact the norm? Is no one else answering because linicx hit it all?

I am sure the landlord will not be interested in a 6 month lease, unfortunately as I have heard them say when I moved in that people do not move in winter. Is this generally the case?

I apologize for the questions, but I am only posting because I am hoping for help in a bad situation.

thank you.

[Drover]

A lease does not automatically convert to a month-to-month after it terminates. Yes, it does so if you continue to stay without renewing, but the landlord is under no obligation to abide such an arrangement. He is perfectly within his rights to demand that you either renew or vacate. And that is the SOP around here. Some landlords do allow a lease to lapse into a month-to-month, but they are the exception rather than the rule.

In your case you need to try to work out a month-to-month with your landlord. Find out what the renewal rate is and offer a bit more, maybe $50-100 more, as compensation for the uncertainty.

[sfcambridge]

thank you Drover. very helpful. I appreciate it.

[linicx]

Extenuating circumstances can make a big difference.

Critically ill parents paint an entirely different picture. You are in a vice. Offer the man $50 more and throw in cleaning the carpets professionally when you leave. If you have to, offer a letter from your parents doctor. This might buy you some time. There are no guarantees.

Winter moving is not bad if you hire a moving company. If it is -30 and you're doing it by yourself, it is not fun.

[raenycole]

I was under the impression that you had the OPTION to go month to month or sign another lease. When we went month to month the rent increased like $100 or something like that but we were allowed to do so.

[Drover]

The option is at the landlord's discretion, not the tenant's.

[emathias]

Originally Posted by sfcambridge

...
When I signed the original lease, they were not willing to consider subletters, as it is a condo building and they claimed the condo association was not in favor (I don't know if this is true though).
...
Is this typical? Is it a renter's market now, or do landlords have the advantage? ...

First off, they are required by law to accept a reasonably qualified subletter. You don't have to ask them ahead of time. Not only that, but if you need to move and someone wants to see the rental unit, the landlord has to help you show it if you need them too.

Basically, if you have to break your lease, the landlord can't just ********* if you make the effort to find a replacement tenant. There are a few exceptions, but it being a unit in a condo building is not one of the exceptions.

Most landlords don't talk about what rights you do have, but you are supposed to get a copy of the landlord-tenant ordinance when you sign the lease. I don't think not receiving it is going to get the lease nullified, but usually not receiving it is a sign that you're dealing with an amateur landlord.

You can get more info here:
About Illinois Tenant Union - Tenant Rights
and here's what you should have received at lease signing:
http://www.ihda.org/admin/Upload/Files/propertymgmt/AMforms/clrto.pdf (broken link)
And the full text:
http://www.chicityclerk.com/tenantsVRSlandlords.php (broken link)

[sfcambridge]

Thank you all very much for the information. Very helpful.

I've had some discussions with my landlord, and they are now considering being more flexible. Will likely still want me to sign a one year lease, but will let me help find someone to "take over the lease" if I need to move out. But Emathias - really appreciate your post!! They are adding some hoops to jump through (eg. have to discuss with the building manager...?!), so I'm still not sure of the plan.

This has made me consider more drastic options.... Like not renewing the lease, packing up and moving it to storage until my parents' situation stabilizes. Gosh, I utterly hate packing and moving and it is so incredibly time consuming to move/find new place. Could save money.... or not