Legal Question in Landlord & Tenant Law in Illinois

my boyfriend and I have 10 months left on our year lease, but my daughter and I need to leave because he is verbally and sometimes physically abusive to me. can i break the lease legally or will i still be financially responsible for the remainder of the lease?


Asked on 9/30/10, 8:39 am

2 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

It would depend on whether you co-signed the lease. If you did and move out, then the person remaining in the apartment is primarily responsible for the rent, but you are responsible if that person defaults. If you didn't then you are not responsible for the rent.

The lease would not be broken if you are not responsible for the rent or if you are not solely responsible for the rent, if your boyfriend is paying the rent.

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Answered on 10/05/10, 8:56 am

Unfortunately, your relationship issues are not the landlord's concern and if you signed the lease you remain liable. Your landlord can't really even let you off the hook without letting your boyfriend off either, so going to the landlord for any relief may not help you. And if you stopped contributing your share of whatever you've paid for, your boyfriend could even consider coming after you for contribution.

Ultimately you need to do what's best for you and your child. There may be options but this is not the forum to discuss them in.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/08/10, 10:38 am


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