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i have a rental lease till 5/31/12. my wife and i just had…

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i have a rental lease...
i have a rental lease till 5/31/12. my wife and i just had a baby and in the last month there has been 3 murders in our block. 1 double murder infront of our house and multiple muggings and drug deals going on. we dont not feel safe anymore especially with our child. we are breaking lease based on the "chicago safe harbor & secure act" and have given over 40 days written notice. can landlord keep deposit or make pay for breaking lease?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 15 minutes by:
2/25/2012
Lawyer: sjanda, Arbitrator replied 6 years ago
sjanda
sjanda, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 13,441
Experience: Attorney
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Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

I have reviewed the IL state tenant/landlord statutes and the city of Chicago ordinances and do not find any "safe harbor and secure act". Can you tell you where you found this law?

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Customer reply replied 6 years ago

I was told about the Residential Landlord Tenant Ordinance. That with this "ordinance" should you and your family feel unsafe at your current residence because of such unsafe conditions, ie: murders, drug dealers..

 

I have written the landlord my termination letter and was verbally approved. She told me not to tell any possible renters about the murders and the "area" because she wants to rent it. Should we rent it, she will give back my deposit. If not, she will keep my deposit.

 

 

http://www.depositlaw.com/illegal-term-provision.htm

 

In this case the the tenants signed a two year lease for a condo unit in Chicago. Tenants gave a $1,035 security deposit and moved in.

A couple months into the rental, the tenants decided they needed to break their lease.

One of the tenants had her uncle, a partner at a national law firm, write the landlord a letter. The landlord would not agree to the lease termination. That lawyer told the tenants to find assistance from a lawyer that deals with cases like this. The tenants called us.

We also failed to convince the landlord to let the tenants terminate the lease early, or to return the security deposit. About three months after the tenants moved out, and after sending a final email requesting return of the deposit, we filed the case.

At trial the Court found that the tenants had legally terminated the lease through our office, that the deposit had to be returned under RLTO 080(d), and that the landlord failed to attach a summary of the RLTO to the tenant's lease in violation of RLTO 170. The tenants were awarded three-times their security deposit plus $100 plus costs and attorney fees.

Lawyer: sjanda, Arbitrator replied 6 years ago

Here is the deposit return law. Yes the landlord has to return the deposit in accordance with the law but they can deduct for damages. I did not see any language in the ordinance http://chicityclerk.com/tenantsVRSlandlords.php that gives you the legal right to move because of criminal activity. So if she does not rent to a new tenant she can hold you liable for the rent for the months you broke the lease.

Chicago City Ordinance.

5-12-080 Security Deposits(d) The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within 7 days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord may deduct from such security deposit or interest due thereon for the following: (Amend July 28, 2010 (Doc. No. O2010-3654)

(1) any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and (Amend July 28, 2010 (Doc. No. O2010-3654)

(2) a reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs of repairs of damage if the work was performed by the landlord's employees within 30 days from the date the statement showing estimated cost was furnished to the tenant. (Amend July 28, 2010 (Doc. No. O2010-3654)

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