Legal Question in Real Estate Law in Illinois

''novice'' Landlord seeking rights - Tenant trying to break Lease

I am a first-time landlord that rented my condo to a person who signed a 12-month residnetial lease (in Chicago). The person has now decided that they don't want the long commute to his new job (he applied to prior to signing my lease)and he wants to ''save money to buy a new home'' and therefore won't be able to afford the condo any longer. There are 9 months left on the lease and I pursposely did not include a sublease clause, so the renter does not have that option. I need to move back into my condo at the end of my renter's term, but not before, as I also am renting and purposely coincided both lease commencement and ending dates. I would like to know my rights, as I don't think I should have to suffer because this renter has now decided he wants to ''save extra money'' to buy a home. Will the law allow me to collect all rental obligations through the end of the lease term?


Asked on 10/12/02, 4:27 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: ''novice'' Landlord seeking rights - Tenant trying to break Lease

You can collect the rent to the end of the term, but you do have an obligation to try to minimize the tenants damages by trying to rerent the apartment for the remainder of the term. The costs of the rerenting process are borne by the tenant. I understand it may be difficult to rerent for such a short period but the circumstances to NOT require you to rent for a longer term. If you can not rerent the tenant must pay till the term expires.

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Answered on 10/12/02, 6:54 pm


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