Legal Question in Landlord & Tenant Law in Illinois

Rent and Security Deposit

A person looked at an available apartment on 06/26/05, signed the lease,took the keys, and gave rent and security on 07/01/05. On 07/04/05 she called and said she didn't want the apartment any more. It was a month to month lease. She stated she didn't like the repairs that had been made and she new her security was being used for the repairs. She did not move anything into the apartment. Is this a breach of contract and is she entitled to get her rent and security back?


Asked on 7/08/05, 9:56 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Rent and Security Deposit

It would appear that you might be entitled to the rent for the month. However you are not entitled to keep the security deposit since security deposits are only to be used when there has been damage/necessary repairs made by the landlord due to the actions of the tenant and in your case the tenant never moved in so they could not have caused any damage.

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Answered on 7/11/05, 10:16 pm


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