Legal Question in Landlord & Tenant Law in Illinois

Is it okay for a landlord to take a portion of your deposit if you decide not to move in?


Asked on 12/10/10, 11:27 am

1 Answer from Attorneys

If you signed a lease or otherwise agreed to a tenancy and then failed to move in, you are most likely in breach of your lease or agreement. However, depending on the agreement, normally a security deposit is for the condition of the premises, not a substitute for rent. But you must check the terms of your agreement. Frankly, though, if you did breach your lease or agreement, you could be lucky if the landlord lost more.

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 licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/15/10, 8:13 pm


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