Google Answers: tenant rights in Illinois

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Q: tenant rights in Illinois ( Answered 5 out of 5 stars

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Question

Subject: tenant rights in Illinois
Category: Relationships and Society
Asked by: vesko-ga
List Price: $10.00

Posted: 21 Apr 2003 08:15 PDT
Expires: 21 May 2003 08:15 PDT
Question ID: 193295

Due to moving to another job I have to leave my rent appartment before
the expiration date of the rent contract. The Landlord told me that I
have to continue paying the appartment rent until the expiration date
of the contract or until he finds a new tenant, whichever comes first.
Thus for several months I will end up paying two rents, in my old and
new place. Is there anything in the Illinois (the state where I have
rented the appartment) tenant or rent law which protects me in this
case?

Request for Question Clarification by justaskscott-ga on 21 Apr 2003 08:25 PDT
In what city or town did you rent the first apartment?

Answer

Subject: Re: tenant rights in Illinois
Answered By: missy-ga on 21 Apr 2003 11:03 PDT
Rated: 5 out of 5 stars

Hello Vesko, In every state of the Union, a lease agreement is a legally binding obligation to be met by both the lessor and the lessee. Your lease is a contract, and you may only breach that contract without penalty under very specific circumstances. Typically, moving for a new job is not one of those circumstances. The first thing you need to do is read over the terms of your lease agreement carefully. Virtually every lease agreement has an early termination clause, which lays out the terms of breaking your lease. Some require that you only pay one or two months rent as penalty for breaching your contract. Others, like yours (and mine!) require that you pay rent for the duration of your contract, or until the apartment is rented again, whichever comes first: "As a general rule, a tenant may not legally break a lease unless the landlord significantly violates its terms--for example, by failing to make necessary repairs, or by failing to comply with an important law concerning health or safety. A few states have laws that allow tenants to break a lease because of health problems or a job relocation require a permanent move. A tenant who breaks a lease without good cause will be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible--no matter what the tenant's reason for leaving--rather than charge the tenant for the total remaining rent due under the lease." What happens if a tenant breaks a long-term lease? http://www.springstreet.com/apartments/fyp/legal_corner/lc_faq/leases.jhtml "Q: I moved into an apartment about 7 months ago with a one year lease. A job transfer is requiring me to move to NY. I heard that in Illinois, you can break a lease without penalty if it is due to a job transfer. Is this true? Also, once again, my lease is for a year, but it doesn't state anywhere in the lease anything about breaking it. My landlord is telling me that it is an admendment to the lease, even though I never signed the 'breaking of a lease' contract. Do I have to pay?" "A: I'm not aware of any state that has a law saying you can break a lease because of a job transfer. If your lease doesn't address termination charges then your situation would be determined by statutes and common law. In Illinois landlords have an obligation to try to rerent the place in a lease break situation but the tenant moving out is responsible for rent until a new tenant moves in (or until the end of the lease). If your landlord will let you buy your way out (1 or 2 month's rent) that's not a bad deal." Breaking a lease - Illinois http://aptrentersresource.com/wwwboard/messages/3943.htm http://aptrentersresource.com/wwwboard/messages/3944.htm "Once you have signed a contract, there is no way to get out of it unless the other party agrees, in writing, to release you from the contract. Most landlords will not agree to release you unless you find a replacement tenant. If you move out and stop paying rent, expect the landlord to sue you for the balance of rent due, plus court costs and attorney fees. This will go on your credit record for 7 years." How do I break my lease? http://www.tenantunion.uiuc.edu/frequently_asked_questions.htm You might also want to have a look at the following resources: Landlord and Tenant Rights and Laws http://www.ag.state.il.us/consumer/landlord.htm Tenants’ Rights Fact Sheet http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=372 You might be able to break your lease and not pay a penalty with assistance from the Illinois Tenant's Union. To determine if they can help you, contact them at (773)478-1133. Break Lease http://www.tenant.org/bl.htm Good luck! --Missy Search terms: [ "tenant's rights" Illinois ], [ "break a lease" Illinois ]
Request for Answer Clarification by vesko-ga on 21 Apr 2003 12:33 PDT Hello Missy, Thank you for the detailed explanation, but it is somehow too general. I know that, as you said, in some states, like Ohio I have been told, a job transfer is a valid reason to terminate the lease without penalty. Is there such a protection in Illinois too? I have rented the appartment in Darien, Illinois, if this can help. Thanks, Vesko
Clarification of Answer by missy-ga on 21 Apr 2003 13:18 PDT Hi Vesko, Whoever told you of such a law in Ohio was misinformed. I am a resident of Toledo, Ohio, and I can assure you that there is no such law. The information with which I've provided you is specific to the state of Illinois. There is nothing in the Illinois Compiled Statutes granting you the right to break your lease for job related re-location without penalty. The following statutes deal with landlord and tenant's rights: # 765 ILCS 705/ Landlord and Tenant Act. # 765 ILCS 710/ Security Deposit Return Act. # 765 ILCS 715/ Security Deposit Interest Act. # 765 ILCS 720/ Retaliatory Eviction Act. # 765 ILCS 725/ Property Taxes of Alien Landlords Act. # 765 ILCS 730/ Rent Concession Act. # 765 ILCS 735/ Rental Property Utility Service Act. # 765 ILCS 740/ Tenant Utility Payment Disclosure Act. # 765 ILCS 745/ Mobile Home Landlord and Tenant Rights Act. You may find them here: Illinois Compiled Statutes - Chapter 765 - Property http://www.legis.state.il.us/legislation/ilcs/ch765/ch765actstoc.htm Scroll down to "Landlord and Tenant", or use the "find in this page" function in the Edit menu of your browser. Such a "protection" has been proposed before the Illinois General Assembly, but is still in committee: HB3067 Residential Renters' Rights and Responsibilities Act http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=HB&DocNum=3067 According to Rep. William Delgado's page, it was re-referred to the rules committee on March 13th, 2003. No further action has been taken on it since then (it's the 9th item on the page): Representative William Delgado (D), 3rd District http://www.legis.state.il.us/house/RepBills.asp?MemberID=623&Primary=True If you feel you should be able to break your lease without penalty, I urge you to contact the Illinois Tenant's Union at the number I previously provided. I'll repeat it here for your convenience: (773)478-1133 Break Lease http://www.tenant.org/bl.htm --Missy
Request for Answer Clarification by vesko-ga on 21 Apr 2003 14:09 PDT Hello Missy, Thanks again for the detailed clarification. I've already rated your 5-star answer, but may I have one more clarification, if you can give? In your answer you've mentioned that: "In Illinois landlords have an obligation to try to rerent the place in a lease break situation..." That was, in fact, suggested to me by the landlord, but I didn't know he is, actually, obliged to do this. Is there a way I can make sure he is going to do this, and not just relaying on his good will? For example how can I be sure that my appartment will be offered to a newcomer, but not any of the many empty ones (because he is getting paid for this one anyway)?
Clarification of Answer by missy-ga on 21 Apr 2003 14:40 PDT Hi Vesko, In the many sites I came across during the course of researching your query, most mentioned keeping an eye on apartment listings and staying in contact with your (soon-to-be-former landlord) to ensure that he makes a reasonable effort to rerent the apartment. You may be able to negate that need altogether if you and your landlord work out an arrangement by which you find a tenant the landlord approves of to take over the balance of your lease. You'll be best served by contacting the Illinois Tenant's Union for specifics. --Missy

vesko-ga rated this answer: 5 out of 5 stars

I am satisfied with the answer. Missy deserves the high rating record
he/she already has.

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Hello Vesko, In every state of the Union, a lease agreement is a legally binding obligation to be met by both the lessor and the lessee. Your lease is a contract, and you may only breach that contract without penalty under very specific circumstances. Typically, moving for a new job is not one of those circumstances. The first thing you need to do is read over the terms of your lease agreement carefully. Virtually every lease agreement has an early termination clause, which lays out the terms of breaking your lease. Some require that you only pay one or two months rent as penalty for breaching your contract. Others, like yours (and mine!) require that you pay rent for the duration of your contract, or until the apartment is rented again, whichever comes first: "As a general rule, a tenant may not legally break a lease unless the landlord significantly violates its terms--for example, by failing to make necessary repairs, or by failing to comply with an important law concerning health or safety. A few states have laws that allow tenants to break a lease because of health problems or a job relocation require a permanent move. A tenant who breaks a lease without good cause will be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible--no matter what the tenant's reason for leaving--rather than charge the tenant for the total remaining rent due under the lease." What happens if a tenant breaks a long-term lease? http://www.springstreet.com/apartments/fyp/legal_corner/lc_faq/leases.jhtml "Q: I moved into an apartment about 7 months ago with a one year lease. A job transfer is requiring me to move to NY. I heard that in Illinois, you can break a lease without penalty if it is due to a job transfer. Is this true? Also, once again, my lease is for a year, but it doesn't state anywhere in the lease anything about breaking it. My landlord is telling me that it is an admendment to the lease, even though I never signed the 'breaking of a lease' contract. Do I have to pay?" "A: I'm not aware of any state that has a law saying you can break a lease because of a job transfer. If your lease doesn't address termination charges then your situation would be determined by statutes and common law. In Illinois landlords have an obligation to try to rerent the place in a lease break situation but the tenant moving out is responsible for rent until a new tenant moves in (or until the end of the lease). If your landlord will let you buy your way out (1 or 2 month's rent) that's not a bad deal." Breaking a lease - Illinois http://aptrentersresource.com/wwwboard/messages/3943.htm http://aptrentersresource.com/wwwboard/messages/3944.htm "Once you have signed a contract, there is no way to get out of it unless the other party agrees, in writing, to release you from the contract. Most landlords will not agree to release you unless you find a replacement tenant. If you move out and stop paying rent, expect the landlord to sue you for the balance of rent due, plus court costs and attorney fees. This will go on your credit record for 7 years." How do I break my lease? http://www.tenantunion.uiuc.edu/frequently_asked_questions.htm You might also want to have a look at the following resources: Landlord and Tenant Rights and Laws http://www.ag.state.il.us/consumer/landlord.htm Tenants’ Rights Fact Sheet http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=372 You might be able to break your lease and not pay a penalty with assistance from the Illinois Tenant's Union. To determine if they can help you, contact them at (773)478-1133. Break Lease http://www.tenant.org/bl.htm Good luck! --Missy Search terms: [ "tenant's rights" Illinois ], [ "break a lease" Illinois ]
Request for Answer Clarification by vesko-ga on 21 Apr 2003 12:33 PDT Hello Missy, Thank you for the detailed explanation, but it is somehow too general. I know that, as you said, in some states, like Ohio I have been told, a job transfer is a valid reason to terminate the lease without penalty. Is there such a protection in Illinois too? I have rented the appartment in Darien, Illinois, if this can help. Thanks, Vesko
Clarification of Answer by missy-ga on 21 Apr 2003 13:18 PDT Hi Vesko, Whoever told you of such a law in Ohio was misinformed. I am a resident of Toledo, Ohio, and I can assure you that there is no such law. The information with which I've provided you is specific to the state of Illinois. There is nothing in the Illinois Compiled Statutes granting you the right to break your lease for job related re-location without penalty. The following statutes deal with landlord and tenant's rights: # 765 ILCS 705/ Landlord and Tenant Act. # 765 ILCS 710/ Security Deposit Return Act. # 765 ILCS 715/ Security Deposit Interest Act. # 765 ILCS 720/ Retaliatory Eviction Act. # 765 ILCS 725/ Property Taxes of Alien Landlords Act. # 765 ILCS 730/ Rent Concession Act. # 765 ILCS 735/ Rental Property Utility Service Act. # 765 ILCS 740/ Tenant Utility Payment Disclosure Act. # 765 ILCS 745/ Mobile Home Landlord and Tenant Rights Act. You may find them here: Illinois Compiled Statutes - Chapter 765 - Property http://www.legis.state.il.us/legislation/ilcs/ch765/ch765actstoc.htm Scroll down to "Landlord and Tenant", or use the "find in this page" function in the Edit menu of your browser. Such a "protection" has been proposed before the Illinois General Assembly, but is still in committee: HB3067 Residential Renters' Rights and Responsibilities Act http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=HB&DocNum=3067 According to Rep. William Delgado's page, it was re-referred to the rules committee on March 13th, 2003. No further action has been taken on it since then (it's the 9th item on the page): Representative William Delgado (D), 3rd District http://www.legis.state.il.us/house/RepBills.asp?MemberID=623&Primary=True If you feel you should be able to break your lease without penalty, I urge you to contact the Illinois Tenant's Union at the number I previously provided. I'll repeat it here for your convenience: (773)478-1133 Break Lease http://www.tenant.org/bl.htm --Missy
Request for Answer Clarification by vesko-ga on 21 Apr 2003 14:09 PDT Hello Missy, Thanks again for the detailed clarification. I've already rated your 5-star answer, but may I have one more clarification, if you can give? In your answer you've mentioned that: "In Illinois landlords have an obligation to try to rerent the place in a lease break situation..." That was, in fact, suggested to me by the landlord, but I didn't know he is, actually, obliged to do this. Is there a way I can make sure he is going to do this, and not just relaying on his good will? For example how can I be sure that my appartment will be offered to a newcomer, but not any of the many empty ones (because he is getting paid for this one anyway)?
Clarification of Answer by missy-ga on 21 Apr 2003 14:40 PDT Hi Vesko, In the many sites I came across during the course of researching your query, most mentioned keeping an eye on apartment listings and staying in contact with your (soon-to-be-former landlord) to ensure that he makes a reasonable effort to rerent the apartment. You may be able to negate that need altogether if you and your landlord work out an arrangement by which you find a tenant the landlord approves of to take over the balance of your lease. You'll be best served by contacting the Illinois Tenant's Union for specifics. --Missy