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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36210
Experience:  Attorney over 16 years, landlord 26 years
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My apartment was broken into and thee is criminal activity

Customer Question

my apartment was broken into and thee is criminal activity outside of my apartment complex. I no longer feel safe and neither do my children. My landlord is trying to make me pay 2 months rent extra plus keep my security deposit. Is this legal? I'm in Illinois and I have documented paperwork from the police.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Unfortunately outside criminal activity would not give you legal grounds to terminate the lease unless the landlord didn't make repairs so as to make the property able to be secured. (i.e. locks on the doors and windows). The landlord is not liable for the unlawful criminal actions of third parties.

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With that said, if you are under a written lease fora set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If you are breaking the lease due to criminal activity in the neighborhood, it would not give you legal grounds to get out of the lease without any repercussions.

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However, if you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

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So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister

Customer: replied 10 months ago.
thank you!
Expert:  barristerinky replied 10 months ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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