Legal Question in Landlord & Tenant Law in Illinois

Security deposits

I have been a good tenant for a little over a year.My husband found out he would have to take a transfer to stay employed however,this job is out of state.We told our apt.managers as soon as we had heard that it might be possible,back in Oct.This was when we had to sign a new lease so,we signed up for the shortest avail,6 months.It expires 3/31/09.We found out at the end of Nov.that my husband would be offically tranferred and expected at work on 01/05/09The only items on lease is abandonment,and an addendum to the lease saying we have to ''keep my landlord whenever we have a change in job''I believe we have done this in good faith,is there any way he can keep our deposit besides the usual items on lease ,ie leasable condition?The managers and the owners are two different people also,I was told this is a very standard IL lease.


Asked on 12/22/08, 5:58 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Security deposits

You are liable on the lease, which means you have to pay for those three months. Unfortunately that was the deal you made when you chose to sign up for a six month lease. Your landlord cannot keep your security deposit as rent, but he can sue for any unpaid amounts.

If you talk with the landlord, you might be able to work something out where you bring in a subleasor. You can sweeten the deal for a sublease by paying part of the rent for those months, thus allowing you to save money and the apartment to be more easily rented.

Feel free to call if you have any questions, good luck in your new city.

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Answered on 12/24/08, 12:16 pm


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