Legal Question in Landlord & Tenant Law in Illinois

I have had job pay cuts implemented and my son is disabled and I have came to the conclusion that I can not afford my current residence. I need to break my lease and would like help with options and worse case scenario. I live in Illinois, Will County.

"I am sorry to hear that you are unable to meet the agreed upon terms of our contract. �I understand from Dave that you had a phone conversation today regarding the contract and your need to break it due to financial difficulties. �I also understand that you were unclear what the contract states regarding your breaking the lease at this point in our agreement. �

The following are the agreed upon terms that I would like to be sure you are aware of:

� ��INITIAL PAYMENT.� Tenant shall pay the first month rent of One Thousand Four Hundred Dollars ($1,400) and $3,000 down payment prior to taking possession of the Premises.� Additionally, $7,000 down payment is due by April 15, 2014.� Said payments shall be made in the form of cash or cashier's check and is due in full prior to occupancy.

TERMINATION OF LEASE/RENTAL AGREEMENT. �If this lease is based on a fixed term, pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month to month tenancy upon the approval of Landlord. �Where said term is a month to month tenancy, either party may terminate this tenancy by the serving of a 30 day written notice.

� � � �A written notice shall be provided should Tenants need to break the fixed lease by the serving of a 60 days notice. �Should Tenants terminate this agreement prior to the fixed term, down payment money shall be forfeited to the Landlord. �Tenants shall not be held responsible for the remained of the fixed lease at the expiration of the 60 day notice. �

� �ATTORNEY FEES. In the event action is brought by any party to enforce any terms of this Agreement or to recover possession of the Premises, the prevailing party shall recover from the other party reasonable attorney fees.� It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation between the parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. �On this basis, all parties waive their rights to have any matter settled by jury trial.

As you can see, our agreement clearly states the following items that we will seek legal action on should you decide to break the lease on June 1st as mentioned today:

1. To date, 800 has been paid to the downpayment that was due on April 15, 2014. �The remaining $6,200 is due to us, per our agreement. �Based on your break of our lease agreement, you forfeit that money to us.�

2. �60 days notice is required for you to break the lease. �As outlined, you are responsible for 60 days following your notice (which was to be a written notice we have yet to receive) of rent.

3. �Attorney fees are clearly outlined and we will pursue you needing to pay the reasonable fees associated with this agreement.

4. As a reminder, per the contract, the Tenant is responsible for any and all damage to the property at the end of the agreement. "

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