apartment therapy changing the world, one room at a time

Sounds like a pretty severe bait and switch.

Does the lease that you signed detail any of the apartment features such as number of closets, etc.? I know that my lease is very specific about the features of the apartment.

When you looked at it and signed the lease and put down the deposit did they mention it was about to be completed remodeled?

Google "San Francisco (or whatever city it is in) tenants rights" to find some quick legal information. Then talk to the landlord.

wow - there must be a way to take legal action and get out of this contract? Why in the world would they do this before you moved in? Very sketchy. I have a lawyer contact if you need one. Bob Lattas in Chicago (I think you can find him through google - i'm not sure if I have his number handy).

wow, i've never heard of such a thing (& i live in new york where anything goes)! sorry, am not completely clear if you did see it in former state or simply saw a floorplan? nonetheless, you should be able to get out of this... seek legal help if necessary.

I wouldn't move in. Sounds like the very definition of bait and switch.

It sounds like you were apartment hunting long-distance, saw pictures online or something, signed a lease based on the online information, and then it was different once you actually showed up?

A lease is a contract, and generally speaking, to have a binding contract you must have a "meeting of the minds." In other words, both parties must agree on the the subject matter of the exchange. It sounds like there was a misrepresentation as to what you'd be getting out of the deal, which may make the agreement void. Do you still have the original description and pictures showing how the apartment was advertised, and/or correspondence with the landlord/property manager as proof of what was represented to you? What do you have that may evidence that the representations induced you to sign the lease? In other words, any documentation showing that you signed the lease based on the space and amenities offered by the original floorplan would be helpful, even if it's just email to friends or family saying, in effect, "Wow, found a great apartment with x y and z - all the things I've been looking for so I signed the lease." Does the change in the floor plan affect you in tangilble ways (e.g., with less closet space you do not have enough room to store all of your stuff, or a smaller kitchen means that you can't fit all of your kitchen gadgets)? While your distaste for the new floorplan certainly counts, these types of more concrete effects will be harder for the landlord to brush aside.

Also, before you do anything, think about what outcome you want. Do you want to be immediately let out of the lease (meaning you have someplace to stay and put your stuff while you look for another place), do you just want a rent reduction, are you willing to pay the same amount of rent if the lease is converted to a month-to-month so that you can have a place to stay while you search for a new apartment? Your desired outcome may influence your tactics in dealing with this problem. Good luck.

There's no advice we can give you here that will adequately answer your question. The thing to do is to consult a real estate lawyer. You can go the volunteer route through the Metropolitan Tenants Organization or you can go through the Chicago bar association and find someone who can do what you need for a nominal fee. An attorney will be familiar with the Chicago Residential Landlord and Tenant Ordinance, which applies if your building is not owner-occupied or if it's more than 4 units. It won't take much time for even a mediocre attorney to review your rental agreement and tell you whether you're covered if you try to break the lease.

Good luck, though. that's the kind of thing that would drive me bananas. Did you take pictures of what it looked like before? that could be another issue, your word against theirs.

Here is a link which mentions a bunch of Chicago area tenant organizations: http://www.ccrchicago.org/resources.html

Ah, I just reread the post. The first time you saw the apartment was after the floor plan change? And then you signed a lease?

First thing to do is check your lease to see if there's any provision in there allowing the landlord to remodel before you move in. But how bizarre that they would put a bunch of money into it after you signed the lease.

If you have already moved in and paid the first month's rent after seeing the altered condition of the unit, there's not much you could do. Unfortunately, had you seen the changed floorplan and refused to move in or pay rent, you'd be in a much better position.

I'd recommend trying to sublet your apartment and trying to find a new one - taking your landlord to court is probably not going to be successful (unless you can allege that the unit has less square footage or that the actions of the landlord in some way lessened the market value of the unit), and you are setting youself up for landlord retaliation.

If you do want to seek assistance, Prairie State Legal Services is Aurora's LSC and provides free legal services to low income families, otherwise contact your county bar association and ask for a landlord-tenant attorney in good standing (probably cost $15 - $25 for the referral, fees to be negotiated with the attorney). But seriously - hiring an attorney is just going to become an expensive headache - subletting the unit is your best bet.

Finally, you could try a conflict resolution place - but that assumes the other side wants to cooperate.

good luck

I saw get a lawyer or just talk to the landlord. What you rented is not what was presented to you.....

That was shiesty....

The lease is going to be your best friend/worst enemy throughout this. Because it is a leagally-binding agreement, any changes subsequent to its signing (esp those not in writing) are difficult to prove for both sides.

I am guessing your lease has some "as is" clause in it (most do). Given the date of your signature on the lease, you should be able to argue that if the "as is" clause exists there, you were not agreeing to these "improvements" to the apartment--you agreed to pay rent on the place you were presented. This is generally a hickup on which the landlord/building owner attempts to benefit given that they need not make any promised improvements if you signed that lease (unless indicated in writing thanks to the Statute of Limitations).

Someone mentioned that the best thing to do is consult a lawyer on this matter. It is. However, be careful to estimate if the time/money spent on possible litigation is worth it!

I'm an owner-occupied landlord who has a tenant/roommate occupying one bedroom in my condo. She's consistently been late with payments, though the lease we have clearly states when rent is due (5th of the month at latest). Also, she is hard to reach as she travels often for work.

Since this is only a 3-unit, owner-occupied living situation, I'm not under the governance of the Chicago Landlord and Tenant Ordinance.

How do I proceed with:

-giving written notice of deliquenty rental payment to someone I can't locate
-what laws do I abide by in regards to eviction, breaking of the agreement, etc?

Am I more free to do as I want while the tenant has less protection due to the owner-occupied status?