Legal Question in Landlord & Tenant Law in Illinois

rescinded offer from landlord

My apartment was damaged at no fault of my own. A broken pipe evicted me from the apartment for a period of 7 days. The landlord offered to pay for my cleaning and dry cleaning expenses. In the meantime, I found a subleaser and subsequently moved from the premises. The landlord is now demanding full payment - and rescinding on the offer to cover my cleaning expenses. They also say that if I don't pay that full balance that I will be in breach of my sublease agreement and responsible for all the remaining rent on my lease; 4 months. I am disputing about $300 out of $850. Do I have any rights here? Is it true that if I don't pay that balance that I will be in breach of the sublease? Neither the lease nor sublease agreements say anything to that point. Is it worth it to fight this claim to be potentially liable for much more a few months from now?


Asked on 6/10/03, 11:14 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: rescinded offer from landlord

OK, you have lots of issues going on here. The landlord should have been responsible for your alternative accommodation during the time that you were forced to move out. If they agreed to the sublease and the person is still living there and paying rent, then you will not be responsible for four months rent. However, even if the sublease was agreed to and that person moved out, you will generally be liable. However, the landlord must make a reasonable effort (or you must) to get another renter. You will be responsible for the rent whilst the property is vacant. Of course, all of this is dependent on your particular circumstances and your lease. But that is the general law in Illinois. And I would go after the landlord for your expenses incurred due to the damage.

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Answered on 6/10/03, 12:20 pm


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