Q-I rent an apartment on a month-to-month basis. I pay my rent by mail, and then the landlord returns a rent receipt through the mail. When I got the last rent receipt back, it had a note on the bottom stating, “We want you out in 30 days.” I received nothing else from the landlord until I got the eviction summons. Do I have to move out and if I don’t, will I get evicted?
A-It is unlikely that you will be evicted as a result of the notation on the bottom of the rent receipt.
In order to terminate your month-to-month tenancy and evict you for failing to move after that termination becomes effective, the landlord must follow the law precisely. Deviation from the letter of this law will defeat the landlord’s action.
The law requires that a notice of termination of tenancy and demand for possession be served. Among other requirements, this notice must stipulate a date when your tenancy will be terminated. A simple expression that your landlord wants you out of the apartment is not sufficient. And any other words ordering you to move are ineffective unless the notice specifically states that your tenancy will be terminated.
The notice’s termination of tenancy date must be specific. To state that you must move within 30 days is ineffective, because you have no way of knowing when that 30-day clock starts running.
Furthermore, the termination must be effective on the last day of a monthly rental term. The landlord can’t set the 30-day notice period on a whim. The notice must be served at least 30 days prior to the last day of a monthly rental term and the notice must specify that the tenancy will terminate on the last day of the next monthly term.
While the landlord has the right to terminate the tenancy at any time, with proper notice, the tenancy cannot be terminated for just any reason. You should ask him the reason for the termination. If it relates to your misconduct at the property or to the landlord’s need to accommodate other rental tenants or their families, then the landlord probably can justify asking you to leave. The landlord also can terminate the tenancy for any other legitimate business purpose.
However, he cannot terminate your tenancy for discriminatory reasons, such as your race, national origin, religion, sex or marital status. He also cannot terminate your tenancy as retaliation because you exercised any rights given to you by the laws regarding your occupancy of the apartment.
You should ask your landlord why he’s terminating your tenancy. And if the matter goes to court as an eviction case, you should raise all these issues with the judge. Once he sees the nature of the notice and hears the facts, there’s a good chance you can win the case and stay in the apartment.
Q-I have been thinking of renting a house rather than an apartment. Is there a big difference?
A-There are many differences between renting a house and an apartment. One is related costs. While the house may offer you more room than most apartments, utility costs probably would be higher. While apartment rents usually cover part or all of the utility costs, house renters usually pay separately for all utilities.
There’s also likely to be a difference in maintenance obligations. In an apartment, the landlord or his employee is likely to handle maintenance in common areas. In a house, there are no common areas and, therefore, most of the maintenance chores-inside and outside-will be yours. This obligation may include maintainance and repair of appliances.
You also are likely to be held responsible for keeping the exterior of the house in a safe condition. You can be held liable, for instance, if someone falls while on the property or while walking on a sidewalk you have shoveled. Because of your increased legal liability, you should be sure to have adequate insurance.
These are just a few of the differences between renting a house and renting an apartment. While a house may offer more living space, it’s also likely to require more responsibilities.
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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.
