Nonexistent Landlord

• raiderbuck

  Anyone ever dealt with one? It'd seemed like a good thing at first, but my new landlord is making it a really difficult transition between moving out the old tenants and moving my roommate and I into the new unit. For starters, she's on the West Coast and we're in Chicago. She won't be around at all (or so it seems). We're also renting a condo, so we have to schedule move in times with the condo association. HOWEVER, the current tenants have yet to scheduled their move out date. The association will not let us schedule our time until they've confirmed that the current tenants plan to vacate the residence.
  
  I would assume that a landlord would require their tenants to provide their move out date in writing prior to even placing the space on the market? We were lead to believe that there was a previously confirmed date before putting down the hefty deposit and first month's rent for this unit. Further, our landlord is pretty much leaving it up to us to perform the "Move In Inspection." Basically, we get the keys from the current tenant, and then look around to make sure there's nothing broken or damaged prior to us moving in. This means that she will not have the place cleaned between tenants, nor will the landlord even give the place the once-over before handing us the keys. All cleaning is up to the tenants.
  
  We have requested that the landlord or someone from the condo association to be present on the keys transfer/move in date. That way all parties are represented and the transition will be documented. However, the landlord doesn't want to/can't do that and the association has basically told us "that's not their responsibility" more or less. We will be taking pictures of everything JIC there's ever any questions later.
  
  Lease end is Aug 31st for the current tenants. I've already notified the landlord that she needs to get off her ass and get the tenants scheduled to get out of the place...but she doesn't seem that motivated. She also doesn't seem very proactive with her property. She informed us that it wasn't her responsibility to make sure we have a scheduled move in date (understandable) and that the transfer of keys is completed (wtf...you own this place, how is it not your responsibility to make sure it's a smooth transition?). If it were me, I'd make sure that my current tenants scheduled their move out date, or instructed them that if they do not have a date then they will have to vacate the premises on August 31. I'd also be present to meet my new tenants (I mean hell, we're paying you to live here!) on move in or close to move in day as possible. Have them document all damages, and inspect the place myself prior to allowing them to move in.
  
  My roommate and I are pressed for time (which we've explained numerous times throughout this entire apartment search process), and I'm afraid that if we can't get in this place next Thursday or Friday, then we'd have to wait all the way until that next weekend to move our stuff. And I will be asking for prorated rent if I don't have access to the apartment by September 1st.
  
  Am I wrong for being concerned? I've never dealt with a situation like this. I mean, we have to be out of our current place by August 28th...and will have to find storage between time. It's a major inconvenience to just be "waiting" on something that should have been handled weeks ago
  
  My other concern is regarding maintenance. What if there is an issue that needs repair in the unit? How quickly will we be able to get someone to come fix it? We've asked for a local point of contact, but have not received anything in return. On top of that, I've invested damn near $1900 of my own money just to get in to this apartment! I've also requested the contact information for the current tenants. Just so we can speak to them about the move in/out inspection. If the landlord won't be there, then I need to know who the frick is there now.
  
  
  edit...sorry for this long ass post
• Fab1b

  

  Honestly I'd get my damn money back you put down already and find a new place. Even if it finally works out, I think you are very right to wonder what if something happens and repairs and such are needed. How long with that take, etc.....
• LJ

  

  Run
• raiderbuck

  While that may be the most logical choice, it's just not feasible at this stage of the game. I started my job August 1st, and my roommate had to be out of his place by August 28th. FML.
• gut

  They are supposed to be out when their lease expires - you have 0 right to take possession before the 1st. However, if they do not vacate, the landlord has to go through eviction proceedings which would typically take at least 30 days.
  
  Check local Chicago laws, as well. Many cities have an ordinance that a landlord has to have local management representation if they live elsewhere.
  
  As for the rest, being responsible for your move-in inspection does not seem all that atypical. Take photos and document everything and provide your list ASAP. Your lease begins Sep 1st and assuming the apartment is available, you are not entitled to pro-rated rent. It's not the landlord's fault that moving in on the 1st is inconvenient for you (although I don't know why you can't schedule a move-in date on the first). As far as repairs go, usually with a condo you schedule that yourself and then bill the landlord (should be specified in your lease).
  
  Anyway, if by chance the apartment is NOT vacated on Sep 1st, I would say you have grounds for breach of contract and could cancel your lease (good luck getting your deposit back). But you'd have to read the fine-print because some landlords will claim they are not responsible for that, although I have my doubts as to whether that would hold-up in court.
  
  Really, it sounds to me like you didn't read your lease - something you should ALWAYS do whenever signing any contract. Lesson learned.
• password

  

  I am not being a smart ass, but your lease doesn't start till September 1st. The current tenants are not required to move out until August 31st and maybe they can't move in their other place until the 1st of the month, so they would be dumb to leave before that date and have to find another place to live for a couple of days so you could move your stuff in. You are being smart to take pictures and document anything you find wrong with the place on the first day before you move any of your stuff in and send copies to the landlord. I would think that the condo association would be there to help considering most out of town owners pay dues to the association for things like that, you may want to contact them again. You could also try and contact the current tenants, either by phone or in person to see when they want to hand over the keys.
• dave

  They don't even clean the carpets? That should have been a red flag right away. Good luck, don't have much advice other than make sure you clean it real well before getting all your shit in there and regretting it. Might need to hire some movers to help speed up the move and take some stress off you and your buddy even if it's another expense.
• 1_beast

  

  I didnt read that fucking novel....
  
  Hope this helps!
• raiderbuck

  I think some of you may have misread (or maybe I mistakenly gave the impression?) what I wrote...but, I am not worried about moving in prior to September 1st. Our issue is that (per the lease) a tenant has to give notice for a move out date no later than 30 days before they intend to move out. Therefore, this should have been arranged at the end of July. Lease end date and move out date are two different things in this situation. We were given the impression that lease end and move out date was a confirmed August 31. However, we discovered that it even though the lease ends Aug 31 and ours begins September 1st the current tenants book have yet to book their move out date. Due to the numerous units in the building, and common lease-end times, it has the potential to become a major inconvenience for all parties involved if they can't vacate before August 31 deadline. Technically, no one is here to "force" the current tenants from the residence.
  
  Who's to say there will be availability on August 31st to move out? What happens if the tenants can't book move out until that weekend (pushing us into September)? Spills on carpets, scratches on the hardwood floors, etc.,. All of these things we've presented to the landlord, and she's provided some explanation, but it's just not 100% confirmed at this point. In fact, the only thing confirmed is that she's definitely a "hands off" kind of owner. I anticipate having to make repairs myself, and then billing the landlord afterwards. An experience that my roommate and I are not used to doing.
  
  I don't think it's unreasonable to ask for prorated rent for September if we don't even have access to the unit come September 1st. It's one thing if we have the keys but can't schedule time to move in (our fault); it's completely different if we don't even have the keys to get in (landlord's fault).
  
  I'm going to call the condo association to see if we can have someone there at the time of our move in inspection.
• Tobias Fünke

  

  tl;dr
  
  But I can that if I had a nonexistent landlord I'd be growing some marijuana in a heartbeat.
• Fab1b

  

  Tobias Fünke;872031 wrote:tl;dr
  
  But I can that if I had a nonexistent landlord I'd be growing some marijuana in a heartbeat.

  
  I like the way you think!
  
  Hell would myself if it wasn't for maintenance inspections every few months and roving security.
• DeyDurkie5

  

  Tobias Fünke;872031 wrote:tl;dr
  
  But I can that if I had a nonexistent landlord I'd be growing some marijuana in a heartbeat.

  
  Just make sure you do it as soon as you move in. That way your electric bills are consistent.
• dwccrew

  

  Your first mistake was securing a place in which people still lived in. I would have put the money in escrow to be released once you took possession of the dwelling. File a small claims against the landlord. If they don't show up to the hearing, you win by default. This should light a fire under her ass to get shit in order.
• dave

  If their lease is over, why do they have to give a 30 day notice? I assume if they didn't give that notice they would be put on a month to month lease. Why was the unit even available to you?
• dwccrew

  

  dave;872099 wrote:If their lease is over, why do they have to give a 30 day notice? I assume if they didn't give that notice they would be put on a month to month lease. Why was the unit even available to you?

  
  Very good question. If they didn't give notice, most leases become a month to month agreement. Sounds like OP is getting swindled by someone from Cali that had too much money and decided to become a landlord without really knowing what they are doing.
• LJ

  

  I think what he is saying is that they gave notice that they would not be renewing, but the building where the unit is requires a 30 day notice of moving out because they have to schedule it and the current occupants have not notified the building management, therefore may still be there come sept. 1.
  
  If they are not out on Aug 31, figure out Chicago's rent escrow process and put your first month's rent into escrow. A judge has to release the money and will prorate based on the facts.