Legal Question in Real Estate Law in Illinois
Wondering if we can get our money back if we never lived in the apartment.
We wanted to rent an apartment. We paid the deposit and rent in late June. As of July 16th the apartment was not finished and we decided not to take it. We had an oral agreement on moving in BY July 15th. The lease says that move in date is July 1st. We are wondering if he is entitled to any of our money. We have our only $1200 of life savings in his hands. What can we do?
2 Answers from Attorneys
Re: Wondering if we can get our money back if we never lived in the apartment.
If the landlord was unable to fulfill his obligation to provide you with the apartment, you should be entitled to a refund of your deposit and rent. However, if you move in, you would be responsible for these items.
Re: Wondering if we can get our money back if we never lived in the apartment.
The law of contracts would seem to say that the contract cannot be lived up to because of impossibility. Therefore, it seems you should be able to get your money back provided you do not move in on a later date.
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