Legal Question in Real Estate Law in Illinois

want to break lease

paid 2 months deposit,1 months lease .opening thrift store but when getting license was told it was a zone so now i am not able to open.also signed contract for 2 years, bought everything and fixed store ?

what could i do ?


Asked on 11/24/00, 7:50 pm

1 Answer from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: want to break lease

You are not in a good position. Unfortunately, it is impossible for me to give a complete advice because I do not have the lease in front of me. the way your lease is written will dictate whether or not you can break free of your lease. for instance, if your lease stated that you were to open a thrift store and the sole reason for you to lease this particular space was to open such a store, then your contract would be "frustrated" because you were never put in a position to really open this store!! if on the other hand your lease does not mention the purpose of your renting this particular space, then you would have to go back to what the owner knew about your intentions. it is a two year lease and the owner is entitled to whatever damages he forsaw and stated in the lease itself. if nothing is written on your lease to this effect, then he is entitled to obtain damages in the amount of whather money he needs to spend to have the space rented out again at a similar price and conditions and so forth.... bottom line... I would have to see the lease to give you a complete advice. I am sorry.

Tiziana Ventimiglia.

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Answered on 11/29/00, 3:47 pm


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