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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118201
Experience:  Attorney with over 24 years experience.
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I decided to leave my rental apartment because of an

Customer Question

I decided to leave my rental apartment because of an uncomfortable feelings based on someone entering my apartment and doing prankish things like dumping my suits on the ground and leaving cole slaw under my sofa.
JA: Where is the property located?
Customer: 443 West Wrightwood Avenue. There was no real damage but the manager said he would replace the key and this key would be secured. The next thing is my apartment is locked from the outside while I slept.
JA: Has any paperwork been filed?
Customer: I verbally reported it to the manager and he made a report. It was pretty informal . Anyway that was enough for me and I would like to leave. The problem is that I need some time to move but the manager sent me some documents for a sublet to be here 1/21 which is unacceptable. I told him that if I couldn't find a place that I would stay over another month but would try to get out by mid monthe
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is the story
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

At this point the landlord is in breach of the lease. If you have a lease and they are not curing the breach, as they have not done, then you need to give notice to the manager as to when you will be available to leave the premises. Once you set that date which has to be at least 30 days, you are bound to it and if you go into another month it is up to the landlord to charge you a pro rated rent or if they will make you pay the whole rent.

However, if you cannot get out by 1/21 and you still have a lease, you need to inform the landlord in writing and give at least 30 days or they can sue you for breach of the lease.

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Customer: replied 8 months ago.
If the landlord is in breach which is true what kind of advantage does this give me. It seems that he is in breach but I have to give him notice or he can sue me?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

If the landlord is in breach, it gives you the legal right to break the lease without penalty and as such you can dictate the terms of when you leave. You do have to give him notice even if he is in breach that you are terminating the lease and the effective date of that termination.