my move out date is after my lease expires. how bad is it?
August 25, 2014 6:50 PM   Subscribe

I rented a new apartment with a lease starting on September 1st. My current apartment's lease ends 8/31. I foolishly thought moving out on 9/1 was standard practice. My landlord assures me it is not. Now what?

I'm moving within Chicago. My new landlord seemed sure that their current tenants would not be out early, but I've left a message to double check. My current landlord says she promised the new tenants they could be in by 9. My movers are currently scheduled to be showing up between 8 and 9. Assuming moving out before then is not an option, what sort of bad scenario's start to happen at 12:01 am on 9/1?
posted by garlic to Law & Government (50 answers total) 4 users marked this as a favorite

You will get a pod or a upack. The movers pack it on 8/31 (or 8/30) and either leave it outside your current house Or your new house (you need to get a permit for this but it shouldn't be a problem.) You stay with a friend or at a hotel. On 9/1, the pod or upack comes to new house if it isn't there already, movers unpack it. Done.
posted by k8t at 6:57 PM on August 25, 2014 [19 favorites]

Well, for one you hardcore screw over some other people who scheduled things correctly and may be spending hundreds of dollars to move in at 9, and you have a week's notice. That's just a really mean thing to do. Why is moving out before then not an option? There are tons of ways to make that happen that, yeah, are more work but this was your fault, and you don't have to make someone else pay for it.
posted by brainmouse at 6:57 PM on August 25, 2014 [36 favorites]

Also you're gonna need to leave time for the inspection and a cleaning, no? Check your lease, but in my experience (with grown up rentals), I have usually paid for a professional cleaning after I love out and expect one happened in new places.
posted by k8t at 7:00 PM on August 25, 2014 [8 favorites]

Dude, this is NOT okay. You have to figure it out. Think about what a bind you're putting the new tenants in if you don't move out on time. Plus, when is the landlord going to get a chance to clean it for them?

Your movers will take hours to get you out, and they're paying their movers by the hour to watch your movers work.

You have options, start putting it together.
posted by Ruthless Bunny at 7:06 PM on August 25, 2014 [17 favorites]

I try and negotiate a week early move in at the new place when i change apts, but i dont know how usual that is.

Overstaying the lease is not cool.
posted by TheAdamist at 7:11 PM on August 25, 2014

A few things happened here. One your landlord did not leave appropriate time to do things he needs to do to the unit; he really needs at least one day to repaint and do minor repairs before someone else moves in. However you should be out by the 31st and these things happen. Will the landlord take you to court over it? Most likely not. Secondly you misunderstood your rights as a tenant and your communication with the landlord was poor. You need to do everything in your power to move out early and it is rude. How would you feel if you moved into your new place and someone was moving out? Id be pissed.
posted by AlexiaSky at 7:16 PM on August 25, 2014 [1 favorite]

Best answer: Oh god, don't get all het up, people. Just coordinate the moving out with the old landlord and the new landlord. There is no physical way that someone can move out and move into an apartment at 9:00 a.m. on the same day. Someone has to give somewhere, right?

Be nice, and say, you can't take possession of your new place before 10:00 a.m. on the 1st, and you will buy donuts and coffee for the new tenants of your old place to grease the wheels. No one is going to call the cops on you, if that is what you're asking. It's just scheduling, and no, it's not your fault. People do this all the time.
posted by Marie Mon Dieu at 7:16 PM on August 25, 2014 [8 favorites]

Rent a moving truck (U-Haul or whatever) - fill it up on 8/31, park it overnight (and locked) and sleep over at a friend's, move in to new place on 9/1. Arranging for a pod to be moved around between the two places in such a short period will be close to impossible.

Both your current landlord and the new one are really skirting the cleaning/repair issue by booking the move ins and outs so closely. You should try to do a walk through with both so that you're sure to get your deposit back and also are not moving into a place that's filthy or requires repairs.

Whatever you do, don't make this issue a problem for the people who are planning to move into your old place. Make sure you have all of your stuff out and have had a chance to clean properly before 8/31 is over.
posted by quince at 7:18 PM on August 25, 2014 [27 favorites]

I'd figure out how much extra a pod or overnight storage would cost, including the cost of having movers in twice, and then offer 2/3 of it to the new tenants, in exchange for letting you move out a few hours later. Emphasize that if they prefer, you're happy to move out on 8/31 like you're supposed, but you figured you'd check. If you don't have the new tenants contact info, I'd email the landlord, asking them to forward it to the new tenants, so that your message doesn't get garbled if old landlord passes it on verbally.
posted by matildatakesovertheworld at 7:19 PM on August 25, 2014 [1 favorite]

Best answer: I have been on both ends of this scenario in Chicago. Next time aim for some overlap; that's what we've done for our last two moves, and while it's a nontrivial financial hit, it is also way less stressful.

But for now: People are being way too hard on you. In real life, this is not your fault. It is totally ridiculous of your current landlord to leave no time between tenants. Every time I have had a landlord who does that, it's been a sign that he's a crummy landlord. (Really, NO repairs or cleaning between tenants?) Of course it is not the fault of the new tenants either, but if they have to move in an hour late, no one's world will end.

Here is what you do: be ACTUALLY PACKED before the 1st. You know how sometimes you think you're packed but there's actually several laundry bins' worth of random items lying around? Don't be that. Before your movers arrive, literally everything needs to be in a box. To the extent possible, clean up the place, but remember that beyond a sweep and dust, that's really your landlord's job. If your movers can show up earlier that's ideal; pay extra if necessary.

If you can, get in touch with the new tenants. If they are hiring movers, offer to pay for any extra time they get charged as a result of your moving out on the 1st (i.e. movers expected to show up at 9 but can't actually move stuff in until 10:30, that's on you). Don't screw them, it's not their fault, but all these pod-related solutions are really not feasible with such late notice, esp. since you're hiring movers.

It is going to be okay. This has happened to me before and people have always been pretty generous on both ends. (And if anyone's a jerk about it, well, you don't ever have to see them again.)
posted by goodbyewaffles at 7:31 PM on August 25, 2014 [6 favorites]

One consequence of moving out on the 1st would probably be losing your security deposit, so take that into account when calculating expenses.
posted by mail at 7:32 PM on August 25, 2014 [4 favorites]

Wow, you've really gotten yourself (and everyone else) in a pickle, here. I know that we all approach deadlines n' stuff differently, but I'm gobsmacked that you'd "assume" anything about such a serious task. I'm tempted to pile on further, but I guess that's probably not helpful; file this under "valuable life lesson" and never allow it to happen again.

One thing to consider, as you scramble to fix this, is that your movers have given you a "window" in which they should arrive. Typically, there is no guarantee that this will actually be the case. If your worry is that they'll be arriving at the same time as the new tenants are, you should adjust that worry to include the possibility that they'll actually arrive long after. Wee! My attempt to solve this would be to contact my movers immediately and either 1) get them to move up the window and redirect to whatever temporary storage is available, or 2) cancel the professional move and start trucking on my own immediately. Yeah, you might have to eat some cancellation/rescheduling fees, etc. I'd personally rather do that than in any way inconvenience an innocent party, who are undoubtedly under plenty of stress without my help. But that's me.

Alternately, your movers may have to deal with this sort of situation frequently, in a bustling, chaotic city like Chicago. Perhaps they have a system in place for this, for an additional fee?

And yes, both landlords and the new tenants need to be thoroughly and honestly briefed about what's going on.
posted by credible hulk at 7:32 PM on August 25, 2014 [3 favorites]

This kind of thing happens in my town all the time because almost all leases end on the 31st and start on the first. Yeah, you have to get a pod or store your crap at a friend's house and sleep somewhere else overnight. Sucks, but that is how it is.
posted by jenfullmoon at 7:48 PM on August 25, 2014 [1 favorite]

If the new tenants for your current place are planning on moving in on the morning of 9/1, you basically need to move out on 31/8. It's just not feasible for you to be moving out and them to be moving in on the same morning, whether it's at 9 or 10 or 12. I can't believe anyone would even contemplate this, tbh.

Move out on 31/8, sleep somewhere else, be very clear with your new landlord that you will be arriving at x time on the morning of 9/1, sharp, and you expect the place to be clean and empty.

Do not try and have the removalists come to your place on the morning of 9/1. It will be chaos, and it's unfair to the new tenants.
posted by Salamander at 8:03 PM on August 25, 2014 [1 favorite]

Whatever you do, definitely do not expect that it is OK for the new tenants to wait until you move out on the 1st. Movers cost several hundred dollars per hour, and sadly, want cash only and use all kinds of dodgy practices like bringing more movers than you agree to pay for and then not finishing the job if you don't agree to pay for the extra person... ugh. Anyway, make sure whatever happens they are not stuck waiting for you for several hours while having to pay the movers. If that happens, you need to pay for their movers.

It is also in your best interest to move out a day early and ensure that the landlord does a walkthrough and agrees to give your deposit back (in writing, preferably)... otherwise if the new tenants cause any damage during move in, they will claim that you left the place in that condition and there goes your deposit.
posted by at 8:06 PM on August 25, 2014 [1 favorite]

When I lived in Boston I probably moved ten times on 9/1. Just get an early start and be out as soon as possible. Noon is more reasonable than 9AM. Renting a pod is such a waste of money, the new tenant can wait three hours.
posted by pwally at 8:06 PM on August 25, 2014 [1 favorite]

Be nice, and say, you can't take possession of your new place before 10:00 a.m. on the 1st, and you will buy donuts and coffee for the new tenants of your old place to grease the wheels.

Former Chicagoan here as well. I can assure you that if I were the new tenant and was planning to be in at 9, and had made all the arrangements, your offer to provide me with coffee and doughnuts while I sat there and waited for you to move out, after your lease had expired and mine had begun, would not even remotely grease any of my wheels. In fact, it might grind them to a halt more swiftly. And if you personally tried to contact me to negotiate that? No way. I should not have to deal with you, the former tenant, whatsoever.

If your lease ends on 8/31, you are obligated to be out and have the place restored to its original condition (cleaning, etc) by end of day on that date. Make it happen.
posted by beanie at 8:09 PM on August 25, 2014 [51 favorites]

This is the kind of problem that is trivially solved with money (eg pay movers to pick up on the 31st and deliver on the 1st, and stay in a hotel that night) but not easy at all with no money. Without money you will either need to sweet talk one of the landlords, or just stay the extra day and hope for no consequences (but with the risk that doing so could get argumentative or expensive).
posted by Dip Flash at 8:23 PM on August 25, 2014 [2 favorites]

Okay, maybe it's different in Australia, but if I were the new tenant, 3 hours would most certainly be A Very Big Deal. Because I've always had to pay removalists by the hour, and there is no way I'd be willing to cough up $$$ for them to sit around watching me eat donuts while you finished up.
posted by Salamander at 8:24 PM on August 25, 2014 [9 favorites]

If I were the new tenant moving into your old place I would be VERY pissed if I arrived with my movers at 9am ready to start unloading stuff and your movers were just beginning to move you out. Basically that means I would have to wait the full amount of time for your movers to finish, for your landlord to do a final walkthrough, and to then receive the keys. Let's say you don't have a lot of stuff - we're still talking at least 3 hours of me and my movers waiting. The cheapest I have ever seen for a moving company is $150 per hour so that's at a minimum $450 of my own money that I have to spend because of you.

Are you willing to shell out $450+ to the new tenants? In cash, on the spot? If not, be out of there before 9/1 so they don't have to pay their movers to wait.
posted by joan_holloway at 8:26 PM on August 25, 2014 [4 favorites]

For what it's worth, this seems to be slightly location-dependent, and your assumption that people just plan to move out in the morning and in in the afternoon and work it out between themselves is not a crazy assumption that is never accurate anywhere. It seems to be inaccurate in Chicago, but you don't need to beat yourself up about never having guessed this would be a problem.
posted by jeather at 8:29 PM on August 25, 2014 [3 favorites]

Yeah, absolutely not OK, and where on earth have you lived that you think this would even be possible? That is not standard practice anywhere. Your stuff needs to be out by the 31st, and the house cleaned.
posted by goo at 8:30 PM on August 25, 2014

Best answer: Assuming moving out before then is not an option, what sort of bad scenario's start to happen at 12:01 am on 9/1?

1. You lose your deposit because the place wasn't empty and cleaned when the lease expired; and
2. The new tenants are very, very angry with you; and
3. This becomes very expensive and stressful if you have to pay your and/or the new tenants' movers extra

I strongly advise you to make it an option to move out before 8/31. It might still be expensive, but you'll have a much better chance of getting your deposit back, and you're not going to piss off several groups of people. Rent a truck, move your stuff into it on the morning of 8/31. Spend that afternoon cleaning & doing a walkthrough with your old landlord. Stay somewhere else on the night of 8/31. Move into your new place on 9/1.
posted by desjardins at 8:30 PM on August 25, 2014 [5 favorites]

Large company movers in NYC do a thing where they load up their truck with all your stuff on your move out day, store it in their secure parking facility overnight, and then move you into your new place the next day. All you have to sort out is where you yourself will stay that night. It costs extra, obviously, although I'm not sure how much, but surely less than it would cost to have it moved into a temporary storage space elsewhere and then moved again.
posted by elizardbits at 8:38 PM on August 25, 2014 [4 favorites]

Yes, you need you move out on the 31st or pay for the extra day but, in my experience, no one should be moving into your old apartment on the 1st. In every building in SoCal that I have lived in the apartment will be cleaned, repainted and possibly recarpeted before a new tenant moves in.
posted by amapolaroja at 8:38 PM on August 25, 2014

You won't piss off the movers. They love to get paid to stand around doing nothing!

/former mover
posted by spitbull at 8:41 PM on August 25, 2014 [4 favorites]

You need to start thinking of this as a several-hundred-dollar problem, it might even be a several-thousand-dollar-problem, because there's a fair chance it will cost you your deposit. What would you do to avoid a several-hundred or several-thousand-dollar problem? That is how seriously you should take this.
posted by 2bucksplus at 8:41 PM on August 25, 2014 [3 favorites]

... what sort of bad scenario's start to happen at 12:01 am on 9/1?

All of your possessions start to be sitting in someone else's house. Don't do that to yourself, and don't do that to the new tenants.
posted by juliplease at 8:48 PM on August 25, 2014 [2 favorites]

None of us really knows what you agreed to in your lease (especially not people who've never lived in Illinois). Read your lease to find out what happens to you, or if your lease was verbal, call Rents Right (312.742.RENT (312.742.7368)). You might be subject to "holdover rent" up to double your regular rent, in addition to all the other unpleasantness people are talking about here.

Your landlord is stupid for not allowing a day between tenants to ensure the property is in good condition, but you're still in the wrong here.
posted by gingerest at 8:49 PM on August 25, 2014 [2 favorites]

Best answer: Just created an account after being a longtime lurker to answer this. I'm on my fifth Chicago apartment and have always had the same problem.

Normally it can be worked out, at least in my experience. It's unlikely that someone is moving in the very next day - when is the landlord planning to clean the place and make any repairs? I've worked out an extra day at the old place by offering to pay an additional day or two in rent (though no landlord has ever required me to actually pay). I've also coordinated with the tenants at the new place to take stuff over a day or two early, but that's not ideal and can be a hassle.

As people have said, see if you can work out an early move-in or a late move-out. Landlords can be surprisingly accommodating if you have been a decent renter. I've never dealt with large management companies, though, so it may be different.

If all else fails, I have heard of people renting a uhaul, packing it up, locking it, parking it and sleeping with their stuff overnight. At least that's better than moving to a storage facility and then moving to the new place.
posted by monti4 at 9:00 PM on August 25, 2014 [3 favorites]

fyi - it was my experience in chicago that a number of landlords don't repaint or clean between tenants. coming from los angeles, i was pretty shocked; landlords usually stagger tenants to clean, paint, recarpet, etc. apartments are often shown empty, after all of this has been done.

both my chicago apartments had people moving in/out on the same day. no cleaning, no walkthrough. just hours between tenants.
posted by crankyrogalsky at 9:14 PM on August 25, 2014 [4 favorites]

You won't piss off the movers. They love to get paid to stand around doing nothing!

The movers themselves? Maybe not. But I'd expect the moving company to be super pissed if standing around waiting made them not able to do the second job of the day.
posted by ctmf at 9:21 PM on August 25, 2014 [1 favorite]

I overstayed my last lease, but the apartment hadn't lined up a new tenant so it was fine. I just paid a prorated date for the extra couple days. If you are not going to be out, you need to tell your landlord now so he/she can warn the new tenants so they can hopefully fix things on their end.

A word of advice, moving always takes longer than you think it will. I don't know how on earth you thought a lease ending 8/31 meant you could continue occupying the unit until 9/1. But it is odd your landlord wouldn't leave some space in between to if not clean, then simply to inspect and make sure you didn't damage it.

If you are truly caught in a bind, renting a van and sleeping with your stuff for a night sounds like the only viable option. Or you could get a hotel for one night. You'd need to be in an area where you feel safe leaving a van with all your stuff parked overnight.
posted by AppleTurnover at 9:24 PM on August 25, 2014 [1 favorite]

If you go the 'rent a UHaul truck and keep stuff in it overnight' option, which I recommend, I've heard stories of people having a UHaul reservation, but bot getting a truck due to overbooking. Consider getting the truck the day before you need it, or, at the very least, get it early in the day.
posted by theora55 at 9:24 PM on August 25, 2014 [2 favorites]

Best answer: 3. This becomes very expensive and stressful if you have to pay your and/or the new tenants' movers extra

IANAL - to expand on desjardins' point here, the new tenants could sue the landlord for any expenses incurred due to this breach of contract and if they win, the landlord can then turn around and sue you since it was your breach that led to the landlord's breach with the new tenants.

These expenses could include added cost of movers, compensation for a day's worth of rent, compensation for extended missed work (if they took off from 9-12 to move and then were planning on working a half day but due to you, can't), etc.

I would be really, really frustrated if this situation happened to me as a new tenant and would absolutely seek some form of redress from the landlord.

This will also likely tank any future recommendations from the landlord for you.
posted by vegartanipla at 9:32 PM on August 25, 2014 [3 favorites]

Start packing now. If you start now you can probably have everything packed up by the 30th. Rent a U-haul for a few days and move your things into it. You can probably have it done by the 31st. Recruit friends with promise of pizza and beer (or whatever they like) if you need to. Sleep with the U-Haul if you need to, or get a hotel room in a safe area you feel comfortable parking the U-Haul. Alternatively, stay with friends/family.

You can avoid a shitty situation (for everyone) and for the many of the very good reasons already listed above--you should start sooner than later to do so.
posted by stubbehtail at 9:48 PM on August 25, 2014 [3 favorites]

Best answer: New solution: offer old landlord and tenant $100 each for the privilege of staying until noon 9/1.

This means, in order: you don't need to move out early and find a place to stay with all your stuff in the back of a van, you don't need to leave your locked van parked somewhere and worry about it overnight, you don't need to get your old landlord mad which could have some financial implications, you don't need to inconvenience the tenant who is blameless in this.
posted by arnicae at 3:20 AM on August 26, 2014 [1 favorite]

If I were the new tenants and the OP offered me $100 (or worse, donuts) for the privilege of rearranging my entire schedule on the day I was supposed to be able to move in to my new apartment I'd be... unsympathetic and decline.

Keep in mind that your pickle? Is exactly the pickle they are in. Move out on the 31st and into your new place on the 1st. That's how it's done unless you can plan for an overlap.
posted by lydhre at 4:35 AM on August 26, 2014 [6 favorites]

...I think that some of you guys are thinking of this as a much more time-intensive thing than it actually is. This is Chicago, and garlic probably lives in an apartment (yeah?) My last two places have been one-bedrooms and it has taken no more than 45 minutes for professional movers to get ALL of my stuff out of the apartment and into the truck, and I am not a minimalist. This means that sometimes I've moved out at 8 a.m. on the 1st, and I am really and truly out of the apartment by 9.

Which is to say: realistically we are talking about an hour or two of delay. Of course that's inconvenient, but it's not the moral failure some of these posts are making it out to be. You definitely do need to pay the new people's movers for the extra time, but that's it.

(Landlord punishments, i.e. withholding the deposit, are possible especially if you don't clean up well, but people talking about lawsuits and whatever - look, that is super unlikely to happen to you. Anybody who sues over an inconvenient hour is going to get laughed at. Plus people here with lawsuit money don't rent from small-time landlords.)
posted by goodbyewaffles at 4:54 AM on August 26, 2014 [2 favorites]

What sort of bad scenario's start to happen at 12:01 am on 9/1?

In Chicago, this depends on your landlord. Everyone has made clear what possible financial penalties are. It sounds like you have a small-time landlord, not a company.

Probably nothing is going to happen literally at 12:01am on 9/1, but it is possible that at any time at or after midnight on 9/1, your landlord could arrive to turn over the unit. That could include a nasty confrontation with forced removal of your things out to the curb. I have seen this happen, it is not pretty. It's usually at the crack of dawn, when the landlord brings in a cleaning crew to turn it over before the new tenants. You will get charged out of your security deposit for this service, up to the full amount. Once you've overstayed your lease, you're essentially trespassing.

You're probably not going to get sued by a small time landlord, but depending on who the new tenant is and what their circumstances are, they may be inclined to do any number of things to you, they are the wildcard. Don't tempt fate. Contact your movers, and arrange to have your things packed and moved out by the 31st. Have the truck stored overnight.
posted by juniperesque at 5:41 AM on August 26, 2014

Okay, now for some practical advice. Call your movers and ask them if they can come late in the afternoon on 8/31 and move you out, keep your stuff overnight in the truck, and then move you into your new digs on 9/1. That may work for them, especially if you don't have much stuff. Try the 30th. That may work even better for them.

I'm a bit bewildered by the whole, move out one tenant and move the new one in on the same day. That makes no sense. Every place I've ever lived there's been at least a week the place is empty so repairs and cleaning can occur prior to the new person moving in.

As I've aged, I find it very restful to pay for a week or two overlap so that I can do an orderly and thoughtful move. Also I only do it once per decade if I can swing it.

1. Call your friends and put out the alarm that you're in a real bind and need help.

2. Go to the store and get boxes, newsprint, matress bags, a roll of that celophane they wrap around soft furnishings, tape, Sharpie markers, and lawn and leaf bags. Home Depot/Lowes actually sells all this stuff and the boxes are super-cheap!

3. Pack up EVERYTHING. If it's loose, pack it.

4. Don't take clothing off hangers, instead use Lawn and Leaf bags, turn them upside down and poke the hanger-hooks through. Like dry cleaning. Tie a knot at the bottom. Now you just go from closet to closet.

5. Pack your plates standing on edge. Less likely to break.

6. Label your boxes as you go. Kithchen, pots & pans. Living room, Books. You get the idea.

7. Once you've packed the kitchen. Clean the FUCK out of it. The kitchen is hardest to pack and hardest to clean. While you've got rubber gloves on, do the bathroom.

8. Throw away anything in the fridge. Chalk it up to the cost of doing business. At this point the hassle of moving half filled ketchup and mustard bottles is NOT worth it.

9. Use the lawn and leaf bags for ANYTHING soft. Towels, rugs, pillows, stuffed animals.

10. Absolutely NOTHING should be loose. You will live out of a suitcase for the rest of the week.

11. Break down your furniture. Take apart the bed and anything else that deconstructs.

12. Leave folded clothing in the drawers. Technically, it's already packed.

Basically cue it all up so that all the movers have to do is wrap your case goods and hump everything into the truck. Boxes should all be neatly stacked, heavy on the bottom to light on the top, three high is about right. They can just put them on the dolly and get them out. Vacuum the empty rooms as you go, doing the living room last. The vacuum is the last thing on the truck.

If you can get the movers to come exactly at 8 (and that's probably not going to happen) if you get it all together, you can be out by 9 AND have the place clean for the new tenants. Of course you want the landlord to be there to do the walk through with you at the same time, video that with your phone.

Good luck, you've got a week of hell ahead of you.
posted by Ruthless Bunny at 6:52 AM on August 26, 2014 [4 favorites]

Best answer: FWIW, it's not that easy to lose your deposit, legally, in the City of Chicago. This is an extremely common ask.metafilter misconception about renting in the City of Chicago. Landlords are very constrained in what they can do with deposits, how they can hold them, and what they have to do when you move out.

In my I AM NOT YOUR LAWYER THIS IS NOT LEGAL ADVICE OPINION, this is not a situation which puts you at risk for loss of your deposit. HOWEVER, if she keeps it, you'd have to sue her to get it back.
posted by crush-onastick at 7:22 AM on August 26, 2014

By the way, you should also probably check your lease to find out whether there's a specific time you have to be out on 8/31. I've never rented in Chicago, so this advice may be worth exactly what you paid for it, but in many places I've rented it's common for the lease to officially end at noon, at which point the landlord swoops in with cleaners and a carpet steamer and whatever else to prepare for the next tenant. It would suck if you got yourself ready to get out at 5pm on the 31st and the landlord showed up expecting you gone 5 hours ago.
posted by dorque at 8:34 AM on August 26, 2014 [1 favorite]

Best answer: but people talking about lawsuits and whatever - look, that is super unlikely to happen to you. Anybody who sues over an inconvenient hour is going to get laughed at. Plus people here with lawsuit money don't rent from small-time landlords.

Small claims court is not "lawsuit money." Filing fees are dependent on the lawsuit amount but in Illinois will generally be at or less than $250 and if the plaintiff wins the judge typically awards the fees as well such that the defendant pays lawsuit amount + fees. In which case the lawsuit is effectively free for the plaintiff.
posted by vegartanipla at 12:10 PM on August 26, 2014

Response by poster: I understand I made a mistake. I'm trying to alleviate that mistake, and know how to do that. However, since it's so late in time, alleviating the mistake may not be possible, or may be a worse outcome than not alleviating it. Which is why I asked what sort of bad things could happen in this violation of my lease, not if it you thought it was polite for me to violate my lease.
posted by garlic at 12:18 PM on August 26, 2014 [3 favorites]

This sucks, I totally sympathize. :( I have definitely lived places where your original plan (moving out early in the morning on the 1st) would have been okay, so I can understand the confusion. Although something like small claims court or your landlord hauling your stuff to the curb is technically possible (and I suppose should be included in a "worst case scenario", I think realistically what will happen is that you will lose your deposit. Probably at least some of that money would go toward compensating the new tenants for whatever they had to pay extra to movers, and the rest will go to your landlord. Places I have lived, deposits have typically been in the $1000+ range, so a huge chunk of change to lose, but obviously your mileage may vary.

I think it is also worth asking your landlord IF the new tenants are at all flexible and would be willing to trade a significant chunk of change (~$300ish?) for a later move-in time on the 1st. The last apartment I moved into I would have been super flexible if it had been stuff was on a cross-country moving van, and I was essentially just moving in the bags I brought with me on the plane and an air mattress I bought at Target earlier that day. :) So I would have more than happily parked myself at a Starbucks for a few hours in exchange for some extra cash. Obviously if they have already booked movers to come at a specific time this is not going to work, but you never know their situation so I think it is absoultely worth asking (nicely).
posted by rainbowbrite at 1:54 PM on August 26, 2014

Since you're more interested in how the situation affects you if you don't change your plans, do have the decency to let your Landlord know that your movers arrive at 9 and that you'll be out once they start. Hopefully she'll pass this onto the new tenants. Mitigating damages and whatnot.

Will she be on hand to do the walk-through? You'll need to schedule that as well.

You may be liable for rent for overstaying the lease. Illinois Pro Bono has this to say about it:

Hold Over After Notice,

735 ILCS 5 / 9-203

A tenant who gives notice of intent to vacate the unit and who stays beyond the date mentioned shall pay double the value of the unit.

Even if you hold over one minute into the new day, you may be liable for this money.
posted by Ruthless Bunny at 9:46 AM on August 27, 2014

Response by poster: I was unable to get my new landlord to allow me to move in early, or the moving company to store my items, so I pleaded with the landlord to take an extra days rent, and she relented to my pleas. My move went off on 9/1 without anything terrible happening, and the main repercussion is paying an extra days rent (I believe at standard rates, not double).
posted by garlic at 12:03 PM on September 3, 2014 [7 favorites]

Thanks for the update. I was wondering how it went. I hope the new place is great.
posted by ambrosen at 12:21 PM on September 3, 2014

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