Legal Question in Landlord & Tenant Law in Illinois

I need to break my lease due to being transferred. It is my understanding that the apt complex has to help me market and show my apartment. Mine has refused. They have put it in writing that they will do the paperwork but will not show or market my apartment.. Isn't this the law and where can I find that law


Asked on 10/21/10, 12:39 pm

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Do a Google search for Illinois landlord's requirement to mitigate damages.

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Answered on 10/26/10, 2:42 pm

NO. First look at your lease and what your rights and obligations are. Generally you can't assign or sublet without landlord consent, although consent usually can not be withheld "unreasonably" (even if it does not use that word unless it simply says assignments and sublets are "prohibited" and even that may be unenforceable because....) Secondly by your zip code you are in Chicago and there should be a summary of the Chicago Residential Landlord & Tenant Ordinance attached (if not there is a $150 fine payable to you). It also outlines the landlord and the tenant responsibilities. If it is not attached it is available on line. Your landlord is obligated to accept a reasonable substitute tenant for your lease term, but is not obligated to market the apartment for you. Even if the lease says it has the "right" to relet, does not mean it is obligated until you default. Once you default then the landlord is obligated to "mitigate" (minimize) ITS damages that you are causing.

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 10/27/10, 1:29 pm


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