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I have accepted a new job in PA. My Landlord in IL is giving…

I have accepted a new...
I have accepted a new job in PA. My Landlord in IL is giving me a hard time about my lease and won't let me break it? I need to move is there anything I can do?
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Answered in 5 minutes by:
1/23/2018
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Ask Your Own Landlord-Tenant Question
Customer reply replied 6 months ago
ok, thank you

Thank you;

unfortunately the lease is binding for the entire term of the lease on both parties.

The landlord may of course agree to allow the tenant out of the lease without penalty (usually if rents have gone up and the landlord knows they can rent it quickly, for higher rents; or just because the landlord is a nice guy/gal so to speak).

Otherwise the options are:

1. check the lease to see if there is a termination clause; often there is an early termination clause where the lease may be terminated if the tenant pays a fee-usually 1-2 months worth of rent. This releases the tenant from future obligation

2. check the lease to see if subleasing is allowed

3. break the lease. This will expose the tenant to liability for the remaining term of the lease so the tenant would have to keep paying rent. However, the landlord does have a duty to mitigate; which means they must make a good faith effort to release the unit, and if they do, they would deduct any money received from the new tenant , from the money owing from the original tenant. So for example if the rental is vacant for 1 week, the tenant would be liable for that week's rent, plus advertising costs (to find a new tenant); then if a new tenant is found and the rent is the same or higher than the original rent, the original tenant is off the hook; if the new rent is lower, the owner may sue the original tenant for the difference in rent, for the duration of the lease.

If there is a surrender (whereby the parties agree both can walk away without further liability) it is important to have that in writing otherwise it will be difficult to prove should the landlord later sue.

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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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