Legal Question in Landlord & Tenant Law in Illinois

I would like to "break my lease" with the house I am renting now. The reason is because I would like to purchase a home that I found. The following is the only wording pertaining to the tenant now fulfilling the lease. The only part that I understand is that I would have to pay 1/2 of one months rent. It does not address the security deposit or anything else. Please explain what this means...

"Tenant agrees that if for any reason this lease is not fulfilled that in addition to any costs to the Lessor as to the non-fulfillment of the lease, tenant will pay a re-leasing fee of one half of one months rent."

Asked on 7/02/13, 8:47 am

1 Answer from Attorneys

You just asked this another way. This does NOT give you the right to break your lease. In fact if you break it during the home purchase process the landlord could ding your credit. If you buy the house and then just move out the landlord could hit you up for the remainder of the rent. In fact you may not be able to finalize your purchase without terminating the lease because the monthly rent obligation may affect loan underwriting. So stop honing in on a provision that is the tail of the dog -- the real issue is how will the existing lease lease obligation affect your ability to purchase, whether you have the right to sublet when you close, whether your landlord might be willing to compromise the situation -- better than winding up in court on a rent lawsuit when you're trying to make your mortgage payments..... If anything this clause would make you pay ANOTHER 1/2 month's worth of rent to cover the landlord's costs of reletting the place if you break the lease and move out.

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Answered on 7/02/13, 9:03 am

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