Legal Question in Real Estate Law in Illinois

How do I get out of my lease?

I moved in to a Chicago apartment in the beginning of Febuary 2002. My lease is a 2-year lease. My Fiance moved in with me as well, he is not on the lease, just I am. We have no children. Now that we have been there a little over a month, he has been abusing me and almost killed me. I need to get away from him and move. I need to return back home to my parents, but I don't know how to get out of my lease. I am afraid for my life. Is there any way of doing this without destroying my credit?


Asked on 3/19/02, 10:04 am

3 Answers from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: How do I get out of my lease?

The first thing you can do is swear out a complaint against this guy and get him out of your apartment. Then change the locks, or just change the locks when he isn't around and don't let him in again. You have a lease and the only way out is to try to negoitate with the landlord to terminate your lease with some sort of a lump sum payment. It is more than just hurting your credit the landlord will probably sue you to for the unpaid rental payments.

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Answered on 3/19/02, 10:17 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: How do I get out of my lease?

I agree with what Mr. Pollak said and add only that your landlord has an obligation to mitigate his damages, meaning that if you break your lease, he must try to let the apartment to a new tenant. You would be liable for the time that the apartment remained vacant and, if the landlord could not rent it for the same amount as he had rented it to you, the difference between what the landlord was receiving from you and what he would be receiving from the new tenant.

Also, you could move out, advertise yourself for a replacement tenant while still paying rent. Once you had a new tenant, you could see whether the landlord would be willing to terminate your lease and, instead, rent it to the new tenant. This would be particularly attractive if you could get someone to agree to rent the apartment for more than what you are currently paying.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; KAshman@AshmanLawOffices; www.lawyers.com/alo

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Answered on 3/19/02, 10:28 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: How do I get out of my lease?

Why don't you file an action under the Illinois Domestic Violence Act and have HIM tossed out??

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Answered on 3/19/02, 11:52 am


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