Legal Question in Landlord & Tenant Law in Illinois

Breaking the lease and getting the security deposit back

I am breaking the lease with my current landlady because there has been a rat problem in our apartment for the past 4 months that she attempted to have fixed at the beginning of the lease, but ultimately nothing has been fixed. My roommate and I have seen rats in our apartment numerous times (at least 10 times). The landlady's husband set up traps after our first complaint, and that caught a few rats, but more have been coming back and we've been complaining since, but he has failed to do anything about it (my roommate had to pay for our current rat solution out of his own pocket). The landlady and I have agreed that my roommate and I will not be living in this apartment after this current month ends, but she refuses to give us back our security deposits.

We also signed the lease on the basis that there was no past history of rodents in this apartment. The landlady told us this before we signed, but weeks after we signed we found out that there in fact has been rats in the apartment in the past (the landlady's husband told us about a past incident with his daughter, who used to live here). In other words, we were lied to.

Are we entitled to our security deposits?


Asked on 12/16/04, 4:12 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Breaking the lease and getting the security deposit back

Hi, yes you are entitled to receive your security deposit back minus the cost of any repairs which were performed due to damage caused by your actions. HOWEVER, given the facts of this matter as you stated I would demand that your landlord refund the entire security deposit regardles of any damage to the property.

I would put the demand in writing, send it to her via certified mail and regular mail.

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Answered on 12/16/04, 12:31 pm


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