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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34872
Experience:  Attorney over 16 years, landlord 26 years
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I told my landlord i would be moving out 9 days before the

Customer Question

hello?
JA: Hello. How can we help?
Customer: I told my landlord i would be moving out 9 days before the start of the month. she said it was okay. she accepted it. (she is allowing me to break a lease with 9 months remaining due to a precarious situation), i left for vacation from the 1st to the 8th and unfortunately was not able to hand her a notice. i contacted her the first of the month and told her i'd get the notice to her when i came back..she left a message while i was away saying she was looking forward to her. after speaking to her recently, she is now saying that a 30 day notice needs to be given 60 days in advance. i'm not sure if this is true - but, am i already in the wrong for giving a late written notice, even though she okay the verbal i gave her 9 days prior to the month?
JA: What are the terms of the lease? Is there other documentation related to this issue? Because landlord-tenant law can vary based on city and state, where is the property located?
Customer: also, the terms of the lease say nothing about giving a notice it's illinois
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 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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I need to ask a few questions before I comment...

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If I understand correctly, you are breaking the lease and the landlord initially agreed to allow it, correct?

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Now they want to hold you liable for some amount of rent for you breaking the lease?

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Do you have anything in writing to back up that the landlord agreed to release you from the lease?

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Does the lease give you any right to terminate the lease with some fixed amount of notice?

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What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 3 months ago.
If I understand correctly, you are breaking the lease and the landlord initially agreed to allow it, correct?
Yes
.Now they want to hold you liable for some amount of rent for you breaking the lease?
I guess so. She's saying a 30 day notice needs to be given 60 days in advance)
.Do you have anything in writing to back up that the landlord agreed to release you from the lease?
no, I'm working on that now.
.Does the lease give you any right to terminate the lease with some fixed amount of notice?
no, it does not.
.What is your legal question I can help with tonight?
30 day notice needs to be given 60 days in advance. - is this true?
am i already in the wrong for giving a late written notice, even though she okay'd the verbal notice i gave her 9 days prior to the month? i feel like she is doing me a favor by seemingly allowing me to break the lease (which i understand is defective?) - and i don't want to put her in a bind. if i lose the deposit, such is life, but i am trying to figure out when this notice should begin and end and if i really require a 60 day lease as stated? and if not, what do i have to back that up. attached you will also find the vacate notice i was going to send her and the lease
Expert:  barristerinky replied 3 months ago.

30 day notice needs to be given 60 days in advance. - is this true?
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If the written lease doesn't give you the right to terminate early, then none exists as a matter of law. The whole point of a fixed term lease is that it binds both parties to the lease for a set amount of time.

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am i already in the wrong for giving a late written notice, even though she okay'd the verbal notice i gave her 9 days prior to the month?

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Legally yes, if you didn't comply with the oral agreement that allowed you to terminate the lease, then the landlord doesn't have to honor it. A breach by one party relieves the other party from any further performance.

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However, under Illinois law, if you break the lease and move out, the landlord has a legal duty to try and re-rent the property as soon as possible. Then they can only hold you liable for any lost rent until they re-rent. So if it takes her a month to rent it again, that is all she can charge you for.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 3 months ago.
34;Legally yes, if you didn't comply with the oral agreement that allowed you to terminate the lease, then the landlord doesn't have to honor it." - could you explain a bit further here please?
Expert:  barristerinky replied 3 months ago.

Ok, the landlord agreed with you verbally to let you out of the lease and you would provide them with a written notice of some sort. But you went on vacation and didn't provide the notice, so that puts you in breach of the oral agreement so the landlord no longer has to agree to accept the notice and let you out of the lease.

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thanks

Barrister

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