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Landlord is putting condo on market but lease doesn't end for several months...

Asked by Trulia Chicago, Chicago, IL Tue Dec 18, 2012

A friend's landlord wants to put the condo where he lives in on the market for Jan 1st; however, his lease isn't up until March 1st. Does the lanlord have the right to break his lease after Jan 1st? She said that he is welcome to stay until the summer, with a huge rent increase (which is unbearable, since his rent is already at least $200 over what it is worth in the neighborhood), but if he declines on the higher rent she will put it on the market.

Is it unreasonable for to try to break his lease (he is very fond of the landlord, so this has become delicate)? The condo likely won't sell it before his lease is up, but he cringes at the thought of people coming in and out of his unit all the time.

Thoughts?

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BEST ANSWER
You can have an attorney read the lease for specifics. In general, you can require 48 hour notice for showings. If the condo sells before your lease is up, then the terms of the lease transfer to the new owner.

Best of luck,

Ivan Sagel
312.515.7823
Ivan@atproperties.com
0 votes Thank Flag Link Wed Dec 19, 2012
Just speaking for the Chicago proper rental market.

The signed leased by both parties is a binding real estate contract between both parties and subject to the provisions and terms of the lease. Your friend should not break his lease unless the landlord is willing to let him out his lease in writing without any financial obligation. Remember a lease is a contract with a promise to pay according to the terms of the lease. Unless the landlord lets your friend out of the lease in writing not holding him to his financial subject by the lease, I personally would go the term of the lease.

30 days prior to the lease ending the landlord can present your friend with a new lease with a rent increase. In this case all parties have to agree and sign the new lease according to the terms. If the landlord wished not to extend a new lease to your friend and wants your friend to vacate the apartment the landlord must give him 30 days notice prior to the end of the lease. If none of the above has happened the terms are now month to month at the rate of the original lease. Each party is now subject to other giving a 30 day notice of their intentions.

All around it sounds like a bad situation and much for friendship. Remember the Chicago Tenant Ordinance favors the tenant. Your friend can call (312) 742-7368 and someone is housing can further advise him of his rights as a tenant.

Best of luck to your friend,


Manuel Brown, Broker
iMove Chicago
2 votes Thank Flag Link Tue Dec 18, 2012
It doesn't sound like the landlord has the same view of the relationship as your friend.

No one on this site can give legal advise. That is what should be considered at this time. The actual lease needs to be reviewed to see how this event can unfold.
2 votes Thank Flag Link Tue Dec 18, 2012
Very good point. Thanks!
Flag Tue Dec 18, 2012
If there is a lease, check what that says. If it doesnt say anything about showings or breaking it off early, I would assume legally, you have to follow the binding contract.
1 vote Thank Flag Link Tue Dec 18, 2012
Any rental lease should state once the property goes on the market for sale, how early the tenant needs to be advised of it, and how the showings will be handled.
Certainly the cooperation of the tenant is required for the landlord to show the property. The tenant
could asked to be home during showings, The tenant can also ask for only certain days of the
week be ready for showings, if the relationship between tenant and landlord are good, then they
should come to a good agreement that does not require for the tenant to be ready for showings
7 days a week from morning till evening.....
I usually found that showings need to get confirmed by the tenant, and when a tenant is in the unit
I usually request for showings a 24 hr advance notice, or in the listing sheet it will say only showings
on Tuesday and Thursdays from ...... till ...... and Saturdays from ........... to ..............

Or anything else that is acceptable to both sides. Ok the lease goes till March 1st, 2013 that should
not be an issue, then look at the lease, what does it say about extension, and raise of rent. If in
doubt show it to a real estate attorney to understand. But the terms for rent raise and extension
of lease should be clarified.

Good Luck... If you need the recommendation of a real estate attorney to review your lease
agreement and get advice, let me know.
Good luck to you.

Hope this helps...

Most Sincerely yours,
Edith YourRealtor4Life and your Chicago and Northern Illinois
and RElocation Expert
Working always in the very BEST interest of her clients
at @Properties North Shore
Edith speaks French, German, Spanish & more
Get to know Edith and her Service her website is
http://tinyurl.com/YourRealtor4Life
EdithDoesItRight@yahoo.com
1 vote Thank Flag Link Tue Dec 18, 2012
Is there a Lease?
If so, check it and see how showings are handled while property is on the market and lease is still in effect.

If tenant does not want to pay more in rent, then plans should be made to move out at the end of the lease.
1 vote Thank Flag Link Tue Dec 18, 2012
Whooops, the latter is 5-12-160 NOT 4-12-160...
0 votes Thank Flag Link Thu Dec 20, 2012
Hello,

Landlord Tenants Ordinance rights state up to 60 days prior to lease expiration landlord has the right to list and show unit the with a 48 hour notice to tenants.

You can go to the city of Chicago website and find the landlord tenants ordinance rights act. Or click here: http://www.tenants-rights.org/residential-landlord-tenant-or…

Read sections 5-12-150 and 4-12-160.

Good luck!
0 votes Thank Flag Link Thu Dec 20, 2012
I would also consult your attorney to explain your specific lease terms
0 votes Thank Flag Link Tue Dec 18, 2012
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