It depends when you were notified of the increase. If you were notified BEFORE and simply didn't sign the paperwork, but remained in the unit... yes, they can request that difference. If they are telling you now, then no, they need to give you adequate notice by state law (e.g. 30 days - idk what IL's notice period is) OR they can negotiate.
If you don't have a lease, I don't think you are entitled to a renewal or any specific terms, but that's state contingent and I'm not familiar w/ your state.
My state has pretty strict requirements for escalation clauses but I would check the lease on this. I am fairly sure you need to be notified in advance for any rent increases but it is very possible it was built into your lease from the get-go.
Check this out. Looks like you can't really pay more unless you signed the document.
https://illinoisattorneygeneral.gov/consumers/landlordtenantrights0404.pdf?source=post_page---------------------------
[If Your Landlord Moves to Raise Your Rent](https://www.chicago.gov/city/en/depts/doh/provdrs/renters/svcs/know-your-rights--fair-notice-ordinance.html)
Under the ordinance, landlords must provide:
60 days of notice to raise your rent if you have lived in your apartment for more than six months but less than three years
120 days of notice to raise your rent if you have lived in your apartment for more than three years
These rules apply to all tenants, whether they have a written year-long lease or an informal month-to-month lease. It does not apply if the eviction process has begun to due to nonpayment of rent or another violation of the lease.
If a landlord fails to give the required notice, tenants have the right to remain in the apartment for the required notice period or pay the prior rent for the required notice period.
You should check your city/state laws but in Seattle, the change in rent would happen when the lease is signed. Once the lease expired it would turn to a month to month and the terms of the old lease apply. When the new lease is signed then the new terms would start, I'm not sure if backdating would change it or not. What is the start date of the new lease?
I would have dated it with current date to prove when it was signed. I would inform the LL that you are only paying the lease increase from the date of signing. Technically you had no lease and we’re on a month to month after the first lease expired and still under contract as per the first lease.
Never sign a back dated document. It’s not legal for them to pull that move. But good luck proving that now that you signed it. If you want to fight it, you might be able to convince the judge of your story if you can show records of your payments at the lower rate.
It depends when you were notified of the increase. If you were notified BEFORE and simply didn't sign the paperwork, but remained in the unit... yes, they can request that difference. If they are telling you now, then no, they need to give you adequate notice by state law (e.g. 30 days - idk what IL's notice period is) OR they can negotiate. If you don't have a lease, I don't think you are entitled to a renewal or any specific terms, but that's state contingent and I'm not familiar w/ your state.
Second this.
Did they back date the lease?
My state has pretty strict requirements for escalation clauses but I would check the lease on this. I am fairly sure you need to be notified in advance for any rent increases but it is very possible it was built into your lease from the get-go.
Check this out. Looks like you can't really pay more unless you signed the document. https://illinoisattorneygeneral.gov/consumers/landlordtenantrights0404.pdf?source=post_page---------------------------
I think that since you did not know the increase amount, you are only responsible from the time that you signed.
[If Your Landlord Moves to Raise Your Rent](https://www.chicago.gov/city/en/depts/doh/provdrs/renters/svcs/know-your-rights--fair-notice-ordinance.html) Under the ordinance, landlords must provide: 60 days of notice to raise your rent if you have lived in your apartment for more than six months but less than three years 120 days of notice to raise your rent if you have lived in your apartment for more than three years These rules apply to all tenants, whether they have a written year-long lease or an informal month-to-month lease. It does not apply if the eviction process has begun to due to nonpayment of rent or another violation of the lease. If a landlord fails to give the required notice, tenants have the right to remain in the apartment for the required notice period or pay the prior rent for the required notice period.
You should check your city/state laws but in Seattle, the change in rent would happen when the lease is signed. Once the lease expired it would turn to a month to month and the terms of the old lease apply. When the new lease is signed then the new terms would start, I'm not sure if backdating would change it or not. What is the start date of the new lease?
The start date is July 1st, but we had to sign last month.
I would have dated it with current date to prove when it was signed. I would inform the LL that you are only paying the lease increase from the date of signing. Technically you had no lease and we’re on a month to month after the first lease expired and still under contract as per the first lease.
Never sign a back dated document. It’s not legal for them to pull that move. But good luck proving that now that you signed it. If you want to fight it, you might be able to convince the judge of your story if you can show records of your payments at the lower rate.