QUESTION

Can a landlord change the terms of my lease without my signature?

Asked on Jul 10th, 2012 on Breach of Contract - Illinois
More details to this question:
I signed a year lease, then renewed with a rental increase. At the end of that lease, I requested 2 extra months & the landlord agreed. She simply crossed out the end date and wrote the new end date on my last signed lease. She expressly said rent was the same as my lease. I moved out just as the complex was sold to another firm. After 41 days I had not received my security deposit. I had cleaned, vacuumed and washed windows before leaving. The place was cleaner than when I moved in. Upon calling for my security deposit, the new landlords told me 3 times someone would call me but no one did. I finally spoke to someone today who says they are keeping my deposit because 1) they had to clean, 2) my record indicates late rental payments (this is not true. I paid each month ON THE FIRST AS DIRECTED BY MY LEASE) 3) Non-payment of rent. They claim rent went up for the month to month lease and I hadn''t paid enough. I signed nothing. I would have moved home had I known.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The simple answer is no.  The landlord cannot change the terms of your lease without your consent.  The landlord could have demanded that you pay increased rent in order to extend the term of your lease, but did not do so.  The landlord's action of simply changing the date on your lease indicates an agreement that the terms of your lease would remain the same during the extended period of your tenancy.  Thus, assuming that your landlord does not dispute the events as you recite them, you should be able to get your security deposit back.  In the real world, however, it is likely that the landlord will dispute your account, and a court will have to decide which of you is telling the truth.
Answered on Jul 10th, 2012 at 4:53 PM

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