Legal Question in Landlord & Tenant Law in Illinois

What if a lease was not active until April and for reasons of not being able to obtain a business licsense I could not go through with the contract and canceled it 3 days prior to the lease becoming active can I get my deposit back without the landlord taking legal action


Asked on 4/17/12, 3:38 pm

1 Answer from Attorneys

I believe you've posted this question before. Look, if the lease gave you a right to cancel in the event you could not get a business license, and you made whatever efforts the lease called for to get the license, didn't, and then followed whatever notice provision there was in the lease to cancel, you may be home free. But if the lease was silent on the issue then there will be problems because you are not "canceling" but rather attempting to "rescind" on equitable grounds not stated in the lease. Take the lease to an attorney with the facts, including what you and the landlord understood about the license issue, and discuss your options.

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Answered on 4/18/12, 6:45 am


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