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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2707
Experience:  Helping you with your legal questions.
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We are in a very complicated situation with our landlords

Customer Question

We are in a very complicated situation with our landlords and are hoping for some legal advice
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Illinois
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband was transferred out of state for work; our current lease in Chicago is April 30 2016- April 30 2017. We are moving out of state on November 9, 2016 and gave our landlords 2 months notice. Our lease states two options to "get out of the lease": 1. sublet the unit on our own or 2. pay the landlords one months rental fee and they will find someone to take over our lease. We opted for the second option, but a week ago our landlords wrote us saying they didn't think they could find new tenants and refunded our one month fee. Now they are saying our only option to get out of the lease is to hire an outside agent to list and show the apartment for us. Given that they gave us less than a weeks notice to do this, we had NO time to get this done (also I am 8 months pregnant). We have had some people interested in the unit off Craigslist and HotPads, but our landlords refuse to show the apartment on our behalf because they returned the fee. I feel that they have put us in a very unfair situation as we are moving 5 hours away tomorrow, and again being 8 months pregnant, there is no way we can show the unit on our own.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

I understand that the landlord gave you two options in the written lease, and you chose the second one. Now the landlord is saying that it wants you to find a new tenant on your one; yet you are moving. It is unlikely that the landlord can force you to do this as well as attempt to sue you for the whole amount of your lease. Plus you are moving out of state. If the landlord attempted to sue you, you would have justifiable defenses. An option is to provide them again with the check and inform them that you chose the second option; and with such late notice cannot do the first option. We can continue to discuss if you want to do so.

Customer: replied 11 months ago.
our best option would be to go back to them- offer the fee of one months rent again- for them to find someone to take over the lease. If they don't let us do this- then what is our best course of action?
Expert:  Damien Bosco replied 11 months ago.

If the landlord does not take the payment, and you are moving anyway, there seems to be no other option than for you to move. The burden is rather high to you. You already choose the second option pursuant to the lease. To stay and want to see if you can rent it seems unreasonable. We can continue to discuss if you want to do so.

Expert:  Damien Bosco replied 11 months ago.

Hello: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.