Legal Question in Landlord & Tenant Law in Illinois
I am moving out of state next week. I have been unable to pay my landlord this months rent. I have every intention of paying, but she told me she has talked to her lawyers and says she will hold me to the full term of my lease if I don't pay by this Friday. She has a replacement tenant and kept my security deposit. What kind of legal action can she take? I want to pay her but I'm afraid it won't be until I get settled in my new home. Her threats of legal action after 2 weeks of late rent have me worried.
1 Answer from Attorneys
Unless you live in a community (like Chicago, Evanston or Mount Prospect, for example) that have ordinances that have special provisions about replacement tenancies, your lease will control. But if your landlord has a replacement tenant Illinois requires parties to "mitigate" damages. So if she could replace you with a paying tenant it would be bad faith not to. If there is a gap in rent, you may be responsible for it, but again without more details that is impossible to say. At the end of the day if you move out owing rent your landlord could sue you for it if it is more than the amount of the security deposit and any damages the landlord may find on your move-out. By the way, take pictures of the apartment when you clear it out so there are no disputes as to condition, and even offer a 'walk-through' in writing. This may allay the landlord's fears, but otherwise you would need to have an attorney review the lease itself.
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