Legal Question in Landlord & Tenant Law in Illinois
breach of contract
My husband wanted to rent a house. He signed a contract/lease on 4-1-09,but the lease was not active until 5-1-09,this was also the move in date. The rent was 1750.00 a month,which he gave the landlord on the day he signed the lease. We decided not to move at this time and wanted our money back. The landlord only agreed to return half of the deposit 750.00,he says because he took the house off the market and wanted compensaton. We never recieved keys to the home nor was it ready to move in when my husband paid him. we half got our money back on 4-11-09, 11 days after we signed the lease. My question is, are we intitled to the full refund? Reason being work needed to be done,we never recieved keys and it did not state in the contract that he would take half of the money if we did not move in on or after 5-01. Please keep in mind that the contract was not valid untl 5-01-09. Please help!!!
1 Answer from Attorneys
Re: breach of contract
No, generally speaking, a lease is valid when it is agreed to and signed by both parties regardless of the move-in date in the near future. You are lucky the landlord settled by returning half your money.
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