My mom is getting sued

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d1abolic

Banned
Sep 21, 2001
2,228
1
0
How can i possibly not owe him anything if it is required by LAW that i give him 60 days notice?
 

bunker

Lifer
Apr 23, 2001
10,572
0
71


<< How can i possibly not owe him anything if it is required by LAW that i give him 60 days notice? >>


Because you said you didn't have a contract of any kind (lease).
 

MacBaine

Banned
Aug 23, 2001
9,999
0
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The fact that you were living there without a lease for such a period of time brings up some other issues, but I don't know the circumstances with whic that happened.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
oh since you didnt have a lease there is not a darn thing he can do.

Here in the central IL just outside of chicago. If you dont sign a lease you are on a month to month wich states you need to give a 30 day notice that you are moving. Since you gave him 45 i say let him take you to court. No lease no contract.

Anyway it would go to small claims i dont think you can get a lawyer for that. but good luck.
 

wyvrn

Lifer
Feb 15, 2000
10,074
0
0
Man, that is a stretch. Calling him a bad tenant? I have been a great tenant at my last apartment last year. They would not let me out 2 months early on my lease. Heck not even a month early. I had a perfect payment record, never complained or had complaints against me, and actually made friends with all of the managers (we averaged a new one every month, yep thats right). But the managing company wouldn't let the managers give leeway, so they had to stick to the contract and I paid it out. To top it off, I never got my pretty sizable deposit back. I was owed it, but they kept losing my paperwork, and after about 7-10 calls to the managing company (Aimco) I just gave up. Not worth taking them to court.

Maybe you don't know his whole situation.



<< Apparently you were bad tenant. I've always asked my landlords when I wanted to break some term of my lease, and they never had a problem because I was a good tenant. I may be wrong about your particular case, but landlords usually don't sue good renters.

edited for me bad spelling
>>

 

Hossenfeffer

Diamond Member
Jul 16, 2000
7,462
1
0


<< Counter sue for barratry! >>

Only if the guy was just using litigation as a threat and would never follow through.

So what's the story? Did you have a written lease/contract? If you had one, was the lease a month-by-month lease or for a specified time period (6 or 12 months, for example)
 

Jzero

Lifer
Oct 10, 1999
18,834
1
0


<<

<< Counter sue for barratry! >>

Only if the guy was just using litigation as a threat and would never follow through.
>>

That sounds about right!
 

tgillitzr

Golden Member
Mar 10, 2000
1,399
0
0


<< This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. >>



Reading on the page that someone else linked to, i found that. The way I read that is, that the "Tenant Protection Act" applies NO MATTER WHAT.

IMO, you needed to give him 60 days. It didn't mention a penalty, so I would assume the penalty is paying the 60 days of rent.

If you payed him for two months of rent, I don't think he has anything to stand on. If you paid him for 45, I think you owe him 15 days of rent.

Thats the way I read the "Tenant Protection Act" anyway.