Legal Question in Landlord & Tenant Law in Illinois

My brother has had MS for years and just recently was told by his doctor that he had to enter a nursing home since he was no longer able to live alone. His landlord is saying they are going to turn him over to collections for breaking his lease with them if he doesnt pay for the remainder 3 months. He is in a nursing home now full time and will not be coming out. This was not a decision on his part but medically necessary. Can the landlord collect on the remainder of the lease money?


Asked on 9/30/10, 6:03 pm

1 Answer from Attorneys

Whle the landlord may be a jerk, if the lease did not contain some kind of relief for your brother in this kind of situation, the landlord appears technically to be within his rights. However I would love to see him in front of a judge over a couple of months' rent after presumably several years in the same place (and at least a month security deposit???) given your brother's condition. I've negotiated provisions for folks in this situation so that if they must move, or they pass on, then their estate is not liable and the lease can be terminated (usually on some short notice fuse), and since your brother was a sufferer for apparently such a long time, that should have been taken into consideration. What a terrible thing to do; the best defense might be the landlord knew too for a long, long time....and that your brother has to pay the nursing home everything he has.... In fact, on the assumption he might be on medicare, he may be uncollectible, so the landlord may not only be a jerk, but stupid if he thinks filing a lawsuit for collection will get him anyplace....

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 10/06/10, 11:20 am


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