Legal Question in Landlord & Tenant Law in Illinois
My tenant leased my condo from for a year ( Feb, 2013 to January 31, 2014). Whenever I talked to the tenant, he would tell how nice the condo was and he wanted to stay there beyond the 1 year that he signed up for. On September 18, he told me " I saw couple cockroaches and I told the condo association and they treated it .I said " Please let me know if you have any problem, I will take care of it" and he said the association already took care of it. But, four days later he called me and said, " I am moving, I already moved most of my stuff, I am going to live with my parents". He gave me the key on Sep 30 and moved to about 200 miles away from the current place. About 10 days later I got a call from him asking me for security deposit. I told him that he terminated the lease without discussing with me and he is liable for the rent up to Feb, 2013 and because of that I would not be returning the deposit. Now , his attorney sent me letter asking for the security deposit, saying he moved because of "infestation of cockroaches". what will be the legal way to approach this ? I know he moved because of personal reasons.
1 Answer from Attorneys
Hire an attorney to contest the claim that there was a valid constructive eviction based on the cockroach infestation. A few cockroaches does not make for an infestation, and I doubt he has any proof of that.
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