Legal Question in Landlord & Tenant Law in Illinois
I am a renter who was going to lease a store but was unable to obtain a business license I informed the landlord before the lease became active like the terms in the lease stated but now she refuses to give back the deposit and is even talking about taking legal action what can I do
1 Answer from Attorneys
While there is a concept called "frustration of purpose" that may allow you to rescind the lease, or perhaps other "equitable" theories, my best thought is that you need an attorney's help because the lease should have had a licensing contingency with opt out language to protect you, and if it didn't and doesn't even talk about the license other than perhaps your obligation to keep one active throughout the term, you may have totally defaulted and that could allow the landlord to retain the deposit money. Much if not all will depend on the words in the lease.