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I had to break my lease... have question

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B

Broken

Member
What is the name of your state? IL

My girlfriend and I had to break out of the lease on our apartment. We moved in on December 8, 2004, and were moved out by January 9th 2005. We paid $150 security deposit, and the first month was free. I was told that since we're breaking the lease, we have to pay back the first free month (which I understand), but then they're saying we have to pay a one month termination fee, and then two months because you have to give 60-days notice... for a grand total of $4470. I've looked my lease over top-to-bottom, and no where in there does it say anything about all of these charges. I can understand having to pay back the month we got for free, but the rest seems very excessive to me. Is this legal? Can they do this? Thanks in advance for the help...
 


H

HomeGuru

Senior Member
Broken said:
What is the name of your state? IL

My girlfriend and I had to break out of the lease on our apartment. We moved in on December 8, 2004, and were moved out by January 9th 2005. We paid $150 security deposit, and the first month was free. I was told that since we're breaking the lease, we have to pay back the first free month (which I understand), but then they're saying we have to pay a one month termination fee, and then two months because you have to give 60-days notice... for a grand total of $4470. I've looked my lease over top-to-bottom, and no where in there does it say anything about all of these charges. I can understand having to pay back the month we got for free, but the rest seems very excessive to me. Is this legal? Can they do this? Thanks in advance for the help...
Click to expand...

**A: read your lease and the L/T law.
 
B

Broken

Member
I've looked my lease over, and there's nothing in there about giving 60-days notice, or the charges they're trying to get from us. Do you happen to have a link to the Landlord/Tennant laws you're talking about? Just so I don't end up with incorrect information... Thanks again!
 
B

Broken

Member
I looked at the laws under the link you provided (Thanks!), and from what I read, they can't withhold my security deposit unless they give me something in writing stating damages to the apartment within 45-days (which there were none). I didn't see anything on terminating my lease though. Did I miss something?
 
F

FoolOnTheHill

Member
The security deposit clause would only apply if you fulfilled your obligation. Since you terminated early, the LL is entitled to the deposit and rent for any time the apt. is vacant while they attempt to relet. However, they have to make a 'good faith' effort to fill the unit. In other words, they can't purposely leave it vacant for six months while charging you rent. As for the early termination 60 day notice fee, both sound kind of fishy. I don't believe the notice you're required to give has any bearing on what the LL can charge you for early termination. Below is a link for the termination time limits and LL's remedies for a breached lease. I'm not an attorney so the most sound advice I could give if you feel you've been wronged, would be to contact an attorney well-versed in LL/Tenant law in your area.
http://www.ilga.gov/legislation/ilc...eqEnd=104600&ActName=Code+of+Civil+Procedure.
 
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