Thursday, August 19, 2010

Legally breaking a rental lease in Chicago, IL.?

My wife has been offered a job that is more that 150miles away from Chicago, and we are currently in one-year lease. We have currently served 6 months of this lease. As long as I give him ample notification, am I able to break my lease with my landlord to pursue my wife's career somewhere else?Legally breaking a rental lease in Chicago, IL.?
You agreed to pay for a year and he agreed to provide housing for a year. Neither of you can just change your mind without any liability to the other. However, all things are negotiable. The landlord would rather not have to deal with suing people who move out in the night, leaving a trashed home. You would rather not get sued. So, I suggest talking and reaching an agreement. Often, the landlord will be amenable if you can find him a new tenant. You also might have the option of sub-leasing. Sometimes there can be a financial settlement. The point is to ask the landlord, not the people on this site.Legally breaking a rental lease in Chicago, IL.?
The parties to a lease, or any contract for that matter, can always agree to rescind the agreement. In your case, expect to pay the landlord some extra money in exchange for his agreement to let you break the lease. There is no law that allows a party to renege on a contractual promise just because his wife has a better career opportunity elsewhere.





So, what happens if you simply move out, without the landlord's blessing, and refuse to pay further rent? In Illinois, a landlord has a duty to mitigate his losses. That means he must make a good faith effort to re-rent the premises. You will then be legally responsible for rent for the months the apartment remained vacant, to a maximum of 6 months (the time remaining on the lease). When you are sued by the landlord (which will happen, because you are only going to be 150 miles away, and easy to track down), the burden of proof will be on the landlord to demonstrate a good faith effort at mitigation was made.





If the rental market in Chicago is sucko, and the landlord cannot find a replacement tenant quickly, you may find yourself on the hook for the six months rent.
Yes, you can break the lease at any point. However, when the landlord takes you to court for breaking the lease, you will lose.





Just because she received another job, does NOT grant you to legally break a contract!

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