Q-When I moved into my apartment, the landlord gave me a lease, which I signed but which he never returned to me. The landlord promised to fix certain items. Also, the place was a mess and had insects throughout. I had to clean the doors, screens, floors and all the appliances. The landlord did not fix things up as promised. Then he started walking into my apartment without notice, anytime he wanted. I asked him to stop, but he continued to do it. I finally called the police, but they did nothing and he continued to come into my apartment.
The electricity was out for six weeks and I stopped paying rent. The landlord took me to court for non-payment of rent, and the judge ordered me to pay the rent or move out. I paid the rent and the landlord has continued to come into my apartment. How can I get out of this place?
A-You are somewhat fortunate in that your landlord hasn`t signed the lease and returned it to you. Because it was not returned, you probably are on a month-to-month tenancy. And under this arrangement, either you or the landlord can terminate the tenancy upon a month`s notice. While this remedy is used more by landlords than by tenants, it is available to you.
In this case, you would need to serve notice to the landlord prior to the start of next month`s term, informing him that you will end your tenancy and vacate the apartment on the last day of the monthly term.
It is important that you actually move out of your apartment on or before the last day of the tenancy. If you fail to do so, a judge might decide that you waived your right to terminate the lease on that date and hold you responsible for future rent.
In your case, you also might state on your notice that you revoke your offer to create a written lease agreement. When you signed the lease and gave it to the landlord, you created a written offer to lease the apartment. That offer still stands until you revoke it. Thus, your landlord could, during the termination notice period, return a signed lease to you and refuse to honor the notice because you signed a lease for a mutually agreed period. You would then have to prove that the lease didn`t exist at the time you served notice of termination of tenancy. This can be difficult to prove. Placing a statement in the notice revoking your offer to create a written lease would lend credence to your case that no such lease existed.
It`s clear that you failed in your attempts to defend yourself in the eviction action. In all likelihood, your landlord had a lawyer and you didn`t. And while it`s unlikely that your landlord was given any preference in the case because he had a lawyer, the lawyer probably was able to organize and present a more effective case than you because that`s his business. In the future, it would pay for you to hire a lawyer to protect your interests in such matters.
Noisy neighbor
Q-I live in an apartment building with four other units. The tenant below me blasts his stereo and television every night. I`ve complained to the building manager, who has spoken to the tenant, but the noise continues. Can I break my lease or do I have to put up with this din until my lease is over?
A-You may well have to live with the noise until your lease expires, unless you can mobilize fellow tenants in the building.
Your landlord is not the building`s policeman. He is not responsible for the conduct of tenants. And by renting an apartment to you, he does not guarantee proper conduct by your neighbors.
On the other hand, your landlord does have the ability to attempt to terminate the tenancy of your noisy neighbor. Under most leases, there is a provision stating that if the tenant is creating a disturbance in the building, the lease can be terminated. If your landlord has chosen not to invoke this provision, and the conduct is grievous, he has made a business decision not to risk losing rent in exchange for your peace and quiet.
Check to see whether this tenant is disturbing your neighbors in the building. If so, and you all band together, you might convince the landlord that unless he takes action to remove the offending tenant, all of you might not renew your leases. Rather than risk several vacancies, he might well take action.
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Robert A. Boron, a Chicago attorney who specializes in leasing matters, writes about landlord and tenant issues for the Tribune. Questions to him can be addressed to Rental Q&A, Your Place section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, but he cannot make personal replies.
