Legal Question in Landlord & Tenant Law in Illinois

Greetings,

We moved into our current rental home July 10th, after having paid a deposit in march equal to one months rent.

When we saw the house the first time, we were told the rent was $495 / month with first and last months rent due at move-in, and a $495 deposit to secure the home.

When we moved in, and the landlord filled out the lease, the rent was stated as $495 per month, both in numerals and written out.

I paid a check of $990.00 the day we moved in, and we signed the lease for $495 per month.

Mid August I decided I would pay my rent for September early, and mailed my landlord the rent amount. About two days later I get a call around 6AM from my landlord, I didn't answer it, but when I listened to the message later on at work, he had essentially accused me of taking advantage of him, and swindling him. He claimed the ad he placed on craigslist was $680 per month, and that I knew that when I signed the lease. When I called him later on, he reaffirmed his opinion that I was trying to swindle him out of money, and said he would give me "A great gift" and only charge me $595 a month instead of $680 a month as he had advertised it. I told him at the time I was not able to pay that amount and had no obligation to do so, but that we would be amenable to moving out and let him re-advertise the home so that he would not lose out on money, he said he would re-list it, but that we would talk about it later on.

It just so happens that I had turned down a job out of state due to having a lease, and literally an hour after my talking with him I received a call saying that the job was still open, and that they would still love to have me. I accepted the position, and began planning my move out.

However, when I informed the landlord he said great, we can break the lease but I would lose out on the security deposit (I knew that when the discussion started) and my prepaid rent ($990 at this point from last months rent, and September's rent). I told him that there was no provision in the lease for him withholding my prepaid rent, and that the day before he had agreed to break the lease over the phone, and had not stated any stipulations at that time.

He has since re-listed the home online, and may have shown the home (Though we were not notified). Talking with him again tonight, he now says we would be liable for the rent amount of the lease until it is rented to someone else. This is the first I've been told this, and I'm supposed to move out in on the 13th to start my new job.

I have read the lease many times, and read up a little on Illinois tenant rights, but don't see where he has the right to withhold prepaid rent, and hold us to the lease after agreeing to break it. I don't care about the deposit, but at this point, he is withholding $742.50 in prepaid rent, that I would very much like to get back (Last months rent + Prorated amount for September).

What are my options at this point? I have a lawyer, but obviously any legal action would quickly make this not worthwhile to me, and I do not have liquid funds enough for any prolonged disputes.

One silver lining is that the lease is a fairly boilerplate one, the kind that you can pick up at any Office Max for about $10. It also does not specify venue for legal action, or demand arbitration for disputes. Does this mean I would be free to force him to defend himself in a foreign court (I am moving to St Louis from Southern Illinois) increasing my chances in him yielding before a suit is filed?

I would like to know my options at this point, I'm obviously pretty angry for being accused of taking advantage of him, and for his jerking me around so much, I feel like he's taking advantage of me because I've gotten a pretty decent job now. Before I told him about my job he was pretty easy going about my leaving. I really want to extract my pound of flesh if I can, but if not I do not want to be liable for the duration of the lease.

I will be checking this often! Thank you all in advance.

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