Legal Question in Real Estate Law in Illinois

Re: Breaking the lease

One question that I have is are you paying late but within the grace period?

The other question I have is did the landlord give you a written reservation of rights when accepting your late payments?

Consider the following:

do you want to stay at a location where the landlord does not want you?

Clearly this landlord is not going to renew your lease so you need to start looking for a new location anyway.

You have a history of late payments, and that will not be looked upon favorably when you seek a new location.

Here is what I suggest, tell the landlord that he waived any rights to evict you by accepting late payments. However, you are willing to move out early if you can find a place, he waives all rent for the period after you vacate until the lease was up, and that he not provide a negative history to any prospective landlord who calls for a reference. You will agree to make timely payments until you move out.

Be sure to reduce any agreement to wriyng.

Good luck

Re: Breaking the lease

Making the payments on the date specified in the Lease, which is a contract, is part of the contract. You broke the lease with the first late payment. Landlords will usually play along for a while because they don't want to loose a tenant.

Because you are not leaving of your own free will, you probably don't have to finish out the lease payments.

Re: Breaking the lease

Hi! You have the right to live out your lease. If he has been accepting rent late, he can't use the late rent as a basis for eviction. Be sure that you tender the rent on time from now on. If he refuses to accept a check, you should mail it with a letter to him by certified mail. If you want to leave, you should work out a written settlement agreement, that makes it clear you owe him nothing, and also resolve the security deposit.

I hope this helps. Please feel free to contact me, if I can be of further assistance.

Sincerely,

Gerald Nordgren

Re: Breaking the lease

There are several issue here. You probably violated your lease by paying late, but the landlord probably gave up any right to kick you out for that reason when he kept taking your rent. He cannot ask you to leave and pay for the remaining rent. He can evict you for a cause (like late rent) but he cannot force you to leave without taking you to court.

Re: Breaking the lease

No. you would not be responsible, but I wouldn't do it without a release.

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