Legal Question in Real Estate Law in Illinois

Early vacancy of leased home. Final months rent due.

Our tenants lease expires June 30, 2002. She moved out 1 month early. I have the security deposit equaling 2 mo rent. The home is trashed beyond normal wear & tear! No attempt to clean anything was done. Every wall needs patch & paint, All carpets need to be replaced. In a letter from the tenant, she acknowledges the condition of the home and indicates the poor condition. She also say's to use the Sec. Dep. to pay for the last mo. rent and for repairs. The repairs alone will cost more than the Sec Dep. I am keeping her Sec Dep and I also want her to pay the last mo rent as per the agreed to lease. What legal steps can I take to accomplish this?


Asked on 6/04/02, 7:03 pm

3 Answers from Attorneys

Bruce Buckrop Bruce Buckrop

Re: Early vacancy of leased home. Final months rent due.

Sue( file in appropriate court) pursuant to the lease, but you need to get an exact number on the dollars cost of the repairs, so best to fix it first and sue for the correct amount, document everything picures and witnesses of damages, ect

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Answered on 6/04/02, 7:23 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Early vacancy of leased home. Final months rent due.

Follow the proper steps to file an FE&D. Make sure you know the amount of repairs; estimates don't work, and paid receipts do. Hopefully, you know the present location of the tenant so that you can serve her with summons and complaint. GOOD LUCK!

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Answered on 6/04/02, 7:39 pm
Michael Silbert Michael Silbert & Associates

Re: Early vacancy of leased home. Final months rent due.

Unfortunately you will need to sue. You are entitled to receive the last months rent and to be compensated for the additional costs incurred over and above the security deposits. You must have paid receipts for all the work you need to have done to put the house back into the same shape it was in at the time it was rented.

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Answered on 6/06/02, 12:15 am


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