Legal Question in Real Estate Law in Illinois
My question involves landlord-tenant law in the State of: Illinois
So I have 3 months left on a 12 month lease.
I want to terminate the lease early, because the other tenants in my building have become very noisy at 3,4 and 5AM and get loud, not to mention police having to get involved recently due to fighting.
In the lease, there is a section called 'EARLY TERMINATION' that states:
EARLY TERMINATION
Lessee or Lessor may terminate this agreement before the expiration of the initial term by:
(a)Giving Lessor or Lessee thirty (30) days written notice, plus
(b) In the case of the Lessee paying all monies due through date of the termination
Does this mean I can terminate the lease early, just by giving 30 days notice as long as I am paid for rent through the 30 days?
Please help me to clarify, thank you!
1 Answer from Attorneys
You don't remember what you and the landlord meant this to mean when the two of you signed the lease containing it??? If you want it to mean what I think you do, you'll have to rely on what it says and do what it says. That being said, this is pretty unusual and would not normally be in a form lease so there must be something special going on: perhaps you are a student, or are in the military, or the landlord is trying to sell or redevelop the building, or something else..... So if it is NOT part of the standard form of lease but the landlord wrote it in, then if there is any "ambiguity" it should favor you unless YOU wrote it in. What could be ambiguous? Well, (1) is it 30 days anytime, or must it be like in State law for termination of month-to-month tenancies, at least 30 days prior to the next rent date -- I would argue that if this was written in as a special clause, it should mean 30 days at any time, and (2) "all monies" - I don't know what that means since usually a lease talks about "rent" -- so what other monies might the landlord be talking about. Only you may know.