Broken lease

[visitor2003]

What is the name of your state? Illinois

I broke a lease Sept. with more than 6 months left. Lease had a rider for a buy-out (2 months rent). Paid for October and sent a letter to my landlord asking if they would accept this payment and my security deposit as the buy-out since 2 months rent plus security deposit would be 3 months not 2.
Of course they refused and sent a letter threatening to take legal action if
I do not continue to pay. I realize I probably did the wrong thing here, but
with no mention of the deposit, is it assumed that they get to keep it?
I have left the apt. in much better condition than it was left for me. I had attempted to rerent it ( newspaper and online ads, etc.) with no luck, potential renters knew about problems with the landlord, apt. was too expensive for the size and condition, I even offered to pay a portion to lower the rent for them, still no luck, etc. Units had remained vacant for 5 months prior to my leaving. I suspect that they have now rerented the apt. since they are no longer running an ad for my size apt. I doubt they will admit this if I call them.
How can I find out?
I would like to settle this somehow at the least possible aggravation and cost
if possible. It looks like the least damaging thing to my credit history is to pay
them another 2 months rent but that means that they would get 4 months.
Is there another way?

 

[Paul Bernstein]

In both Chicago, if the rental was covered by the Chicago Residential Landlord and Tenant Ordinance, or in any event, under Illinois law, landlords must attempt to "mitigage" damages caused by a tenant leaving before a written lease is over.

Proving or trying to prove that the landlord did NOT exercise efforts to find a new tenant and mitigate damages is not easy and requires work.

You may have other "things" going for you....for example, if the unit was in Chicago and covered by the Chicago Ordinance on Landlord and Tenant, perhaps the landlord commingled your security deposit with other money of the landlord...this action alone means that the landlord owes you damages equal to two times the deposit!

I suggest you leave more facts here, including:

1. Date of rental.
2. Address.
3. Number of units in building.
4. Amount of security deposit.
5. How did you pay the security deposit? Check? Money Order?
6. What items needing repair existed when you took occupancy?
7. Was this the first and only year of rental? Or, were you there over a year? If so, and if the unit you rented is covered, did you receive interest on your security deposit?
8. If your unit was covered by the Chicago Ordinance, did you get a copy of the SUMMARY of the Chicago Residential Landlord and Tenant Ordinance?
9. How did you first come into contact with this landlord?

You may also have overpaid the monthly rent if the unit was not in good condition and repair.

Tell us more.