Legal Question in Landlord & Tenant Law in Illinois

Last May I broke my lease and moved out of the apartment me and my husband had rented for 7 years. The "Early out agreement" stated that all I would owe was June and July's (2011) rent for breaking the lease. I am now being sued for 2 months of rent, over $400 in maintenance fees, and of course, lawyer fees. When meeting with the landlords attorney I explained to him my disputes against the charges. 1 A new tenant was moved in by July first. 2 - I lived in that apartment for 7 years, and other than normal wear and tear and problems with the apartment Not caused by us as the tenants, there was no problems that we caused to be charged over $400. I also heard that the landlord was supposed to have sent me an itemized statement showing the maintenance charges within 30 days, which did not happen. I do not dispute owing them for June's rent, but I think that is all I should be paying them. There is going to be a bench trial in a couple months and I really need advice on where I stand legally, and if I even have a chance at winning.


Asked on 2/16/12, 12:34 pm

1 Answer from Attorneys
Stephen Messutta

While it would be easy for me to take your word for it and give you some thoughts, someone who is an attorney should look at this "early out" agreement and take the time to understand it and talk to you to see whether you exercised it properly. Or it may be a simple thing of the landlord not having a copy of the agreement and not being aware you had those rights. As far as the landlord sending an "itemized statement" that normally relates to the security deposit. Again, without a complete review of the situation and applicable documents, giving any real advice here would be a disservice. Unfortunately this forum does not always lend itself well to situations where documents are involved.

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Answered on 2/16/12, 12:40 pm


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