Legal Question in Real Estate Law in Illinois

By Illinois law, if you live in an apartment, can your lease be broken if you de

My wife and I live in an apartment as of now, we decided to buy a home before our lease was up. By Illinois law do we have to continue to pay on our lease if we have bought a home. If the answer is yes, our landlord seems to disagree. If the answer is no, what can be done to help our situation. What should we look for in a contract to determine our situation. Please help A.S.A.P.


Asked on 9/05/00, 11:17 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: By Illinois law, if you live in an apartment, can your lease be broken if yo

Whether or not you are buying a home has no relevance under Illinois law. Some leases do have an out if you are purchasing a home, but those are rare. By signing the lease, you agreed to be bound by its terms. If you violate the lease by moving out before the end of the term, you might still be found to be responsible for payment. Your landlord does have an obligation to mitigate his damages by attempting to rent the property to someone else, however, you should bear in mind that fall and winter are historically bad times to sell or rent property.

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Answered on 10/05/00, 9:38 am

Re: By Illinois law, if you live in an apartment, can your lease be broken if yo

Hello. You are bound by

the apartment lease and if

you break the lease by not

paying the rent, the landlord

can sue you. You might offer

to sublease the apartment for

the term of the lease if the

landlord agrees to go along

with this arrangement. Put

everything in writing, if

this plans works out. Good

luck.

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Answered on 10/08/00, 1:40 am


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