What to do if my landlord wants to change the rental aggreement after the fact?
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What to do if my landlord wants to change the rental aggreement after the fact?
I moved into a house 2 weeks ago and was given a copy of the lease. I filled my part out and he hasn’t been back to pick it up yet. He never signed it. Now, he called me today to tell me he is going to do a month-to-month instead of a 1 year lease. He has already cashed the check for the first month rent. We had a verbal and written aggreement to live here for 1 year that wasn’t signed yet.
Asked on August 24, 2012 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you agreed to a one-year lease, then the landlord may not change it after the fact to a month to month lease (or make any other change, for that matter, without your agreement). If you signed a lease provided to you by the landlord and paid any amounts due under it, then even if the landlord did not himself sign it, it is still an enforceable contract: he made an offer to you (providing you the lease), which you accepted (by signing) and for which you provided consideration (the amounts you paid), too. When there is offer, acceptance, and consideration, there is an enforceable contract.
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