Leasing Law, Illinois

silverc4s · silverc4s's Garage

Time for me to pick the brains of all the experts here at PP. My daughter & her family are having to relocate from the Chicago area (Naperville) back south for job reasons on pretty short notice. They both work in the oil refinery business & as you can imagine there is a bit of cost management going on there these days.
They were planning on being there for another 6 to 12 months, and have 4 months (Jan - Apr) left on a 12 month lease on their apartment. The question is, what rights do they have in Illinois regarding the unused months of the lease? The landlord now is saying they want nearly the full amount of the unpaid lease, so does that mean that they cannot re rent the apartment in that time? If they do are the kids due a rebate of the monies paid? They have contacts there that can keep an eye on the place for them, if necessary.
Other than trying to negotiate, are there any other alternatives? They are about to provide me with a second grandchild in February, so handing out an extra $3000 or so is not the optimum here.
I don't have the exact numbers, but it is like they are being told they must pay for a 45 day notice, PLUS 2 months rent penalty on top of that, so almost the entire remainder of the lease. Is this a typical situation there? Help!! Thanks everyone.

stomachmonkey · 12-30-2008, 08:47 AM

Is their employer moving them?

If yes it should be part of relo package.

Bout all the advice I can offer.

RE law differs all over the place and also depends on what is in their lease agreement.

legion · 12-30-2008, 09:17 AM

BP should pony up the money.

silverc4s · silverc4s's Garage

The Refinery owner made the decision, they work for a contract engineering company that does work for many refineries. Those two are looking at what their responsibility is here, but meanwhile, the kids have to head out in about 2 weeks or less...

Yes, I know there are differences, that's why I was hoping for someone with local (Blago) knowledge would pipe in here. I manage property here in TX, and we routinely let folks out of their commitment when another renter takes over that apartment. Not too sure what the law is though.

legion · 12-30-2008, 09:26 AM

I don't know specifics. I leased an apartment for a few years and never had any problems or issues.

In general, leasing laws in Illinois favor the tenant.

ruf-porsche · ruf-porsche's Garage

They will have to comply with the terms of the lease. There may be a clause for sub-leasing the apartment, but when all is done they will have to comply with the terms of the original lease.

bt1211 · 12-30-2008, 07:02 PM

There should be a sub-let clause in the lease. The landlord does have the final say on the new (sublet) tenent. It is a real pain trying to find a good sub-let(not unless they are in a hot area).

In Chicago proper I'm pretty sure its only a 30 day notice. Never seen the 2 month thing(but it still could be in the lease).

Are they dealing with a mgmt. co. or the owner? It cost me $750. to $1000. to have my lawer sue my tenants. Housing court is stacked against the landlord in Chicago(not sure outside Chicago).

If I were them I would offer half of what I owed(about $1500)Take it or leave it. Make sure they get a lease termination statement from the lessor.
I would take the deal but a mgmt co. might not.$3000, is not a lot to sue for. It is a big hassle to sue in housing court. ( If you are not incline to sue, you are in the wrong business). The odds of me getting my money are almost ZERO (sfter lawyer fees and time). I really only sue to get rid of someone.

This is more negotiable than you think.

They have a good excuse on why they moved(job relocation). The new landlord will take that into consideration.