Legal Question in Real Estate Law in Illinois

Hi - If on a recently signed lease, a security deposit check gets bounced. Is it possible to terminate the lease? , there is para #13 in the agreement which i think relates to this and states that

"If defaults be made in the payment of the above rent or any part thereof or in any of the convenants herein contained to be kept by Lessee, it shall be lawful for Lessor at any time at his election, without notice, to declare said term ended ...."

Tenant is willing to transfer the money but it seems high risk if check has bounced


Asked on 1/18/14, 2:34 pm

1 Answer from Attorneys
Stephen Messutta

Did they already take possession of the unit? If so you can but now will have to evict. If they have NOT yet moved in then you can terminate without having to evict. So if they have moved in and they are offering to replace the funds, in cash, my recommendation is take the money you can get.

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Answered on 1/19/14, 7:04 pm


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