Legal Question in Landlord & Tenant Law in Illinois
I found the house of my dreams. But I have to break my renter's lease. This s what my lease says about not fullfilling the terms of the lease. I understand the 1/2 of one months rent, but what does the rest mean? He can charge whatever he sees fit?
"Tenant agrees that if for any reason this lease is not fulfilled that in addition to any costs to the Lessor as to the non-fulfillment of the lease, tenant will pay a re-leasing fee of one-half of one months rent."
1 Answer from Attorneys
This has nothing to do with your getting possession of the home and does not allow you to "break the lease".
It has to do with if the tenant breaches the lease and is evicted or abandons the place and moves out, and the landlord has to re-lease the place, then in addition to whatever else the tenant may owe, this clause attempts to make the tenant liable for a "re-leasing fee" equal to 1/2 of a month's rent -- this would apparently cover the landlord's cost of having to advertise the place, buy a credit report on new tenants, etc. HOWEVER, the clause uses VERY non-traditional lease language, and a court may find it ambiguous enough not to enforce.
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