Legal Question in Real Estate Law in Illinois

Breaking lease before effective date

We signed a lease for an apartment that was to be effective June 1, 2002. My husband just found out that he is losing his job so we are going to have to move to Florida to rely on family for a while. Others have told us that we should be able to get our deposit ($6000) back since we never moved into the apartment - no harm, no foul. When we spoke to the landlord, she said that she will keep our deposit but let us out of the lease. Should we legally have to give up the deposit even though the lease isn't in effect yet? Also, $1000 was for a pet deposit and the pets will never have set foot in the apartment. Please help. We really can't afford to be out $6000 right now.

Thanks!


Asked on 5/22/02, 2:36 pm

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Breaking lease before effective date

(1)A lease is a contract; most provide that you can sub-let to another with approval of landlord; (2) Upon notification that you can't live up to lease provisions, the landlord has to try to re-let to someone else, the costs of which you will have to bear, like advertising, and if she can't rent to another at the same price, the difference. (3) Anything left over, has to be refunded to you. This can be a very difficult situation. You need legal help. You should contact a lawyer who practices in the county in which the real property is located NOW.

Read more
Answered on 5/22/02, 4:58 pm
Bruce Buckrop Bruce Buckrop

Re: Breaking lease before effective date

Assuming you signed the original lease and it had usual provision regarding breaking lease, the landlord has to refund you any money he does not loose before he leases it to someone else

Read more
Answered on 5/22/02, 4:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois