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My son and I have shared an apartment for three years, never…

Customer Question
My son and I...

My son and I have shared an apartment for three years, never missed or late on rent of $1, 763 a month which we split that and the bills gas and light.. My son recently lost his job this past summer, he did notify our leasing agent of his job loss. His employment compensation ran out this past sumer and my son has been doing odd jobs / Uber driving to make come up with his half of the rent. I am still employed but I have to contribute extra money on my sons part of the rent because the odd jobs he has been doing is barely making his share of the rent. All that said we have decided to terminate our lease which would not be up until August of 2018, of course I am aware that landlords want to to pay the remainder of your lease if you early terminate. Our landlord want us to sign a document stating well be liable for the remainder of the rent until the secure new tenants. I know they can possibly take us to court, but the signing of another document , I am not wanting to do, they probably will use this in court. They have no shown any sympathy or tried to work with us on the early termination of or lease. I would rather them take us to court then sign a document, and our side of the story is not heard or considered. I think a judge would be more considerate with us not be held responsible for rent for the remainder of the lease. Please advise if we should sign this other document or any suggestions you may be able to provide. We gave a one month one on one notice (verbal ) and email notice to our landlord regarding our December move out.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Chicago IL

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Maintenance and upkeep is mentioned in the lease, the landlord will be doing an inspection before we leave. The are no issues on or part.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that about it. Thank you

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/8/2017
Lawyer: barristerinky, Attorney replied 7 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,538
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I am sorry to hear that son's unemployment is putting you in this difficult situation. Unfortunately, the courts don't have the legal ability to consider a person's personal financial circumstances in a breach of contract case. The judge just has to determine if there was a contract, and whether the parties breached it, and if there was any legal defense that would justify it.

.

Losing a job and not being able to pay the rent is not a legal defense to the breach of contract action..

.

With that said, whether you sign the paper or not, the landlord can legally hold you liable for any lost rent until he re-rents.

.

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.

.

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.

.

.

thanks

Barrister

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Lawyer: barristerinky, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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