Legal Question in Real Estate Law in Illinois

When does a tenancy begin?

We are representing a residential tenant who signed a lease and submitted two month's security deposit and the first month's rent. About five days before he moved in, his assignment here was terminated by his employer and did not move in. (He is a foreign national.) Is there an IL law or court decision that says a lease is not enforceable if the tenant hasn't moved in yet? The landlord is keeping the security and first month rent until he has rented the house again. If it takes him three months, he will return nothing. The lease has a 90-day "diplomatic clause" in case the employee is transferred again. How do we get this person out of any financial obligation here?


Asked on 9/01/99, 3:56 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: When does a tenancy begin?

I believe that the tenancy would begin on the date deliniated in the contract. However, the contract is enforceable from the moment it is signed i.e., the lease. The landlord has a right to mitigate damages by proceeding in the manner in which you stated. I am not aware of any Illinois statute or case that states that an individual is not responsible for payment if he or she doesn't move in.

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Answered on 9/08/99, 11:49 pm


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