Legal Question in Landlord & Tenant Law in Illinois

My daughter and her friends, seniors at University of Illinois, are having a hard time with their new landlord. At the end of last fall's semester, they hurried signed a lease to rent a house for their last year of school. The agreement requires them to start paying rent Aug 1st but they can't move in prior to Aug 24th. The girls are involved in sorority activities and they need to be on campus Aug 20th. The landlord says NO to the early move in. The girls last year were allowed to move in early for these events. Is there any legal recourse they have to move in 4 days earlier - since they were allowed last year - discrimination?

Thanks in advance


Asked on 7/24/12, 5:14 pm

1 Answer from Attorneys

If this is what the lease say, no. Under general Illinois lease law, rent is called an "independent covenant" which has many ramifications. Among them is that rent may not be tied to when possession is allowed. However, I would still make the argument that you can't charge rent if possession is not given, since that is fundamental to the concept of any tenancy and should trump the independent covenant concept. HOWEVER, starting out with the landlord on the wrong foot, meaning raising issues such as discrimination (I see no basis for this in your facts) will most likely just get the landlord "angry" and less disposed to working anything out, and a lawsuit would certainly not be helpful. My daughter attended UofI too and had a lease that was similar - occupancy for 9 months but rental payable for 12, which is about par for the course down there and the understanding was that rent was "diluted"; we never made a stink because that's the way most landlords who are willing to lease to students structure their leases. About the only thing I can suggest short of WWII is asking the landlord if some "additional" consideration for the 4 days would do the trick.

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Answered on 7/26/12, 7:24 am


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