Legal Question in Landlord & Tenant Law in Illinois

Does military Clause Apply???

Shortly after signing a 6 month lease I married a Military girl.. four months into the lease she was re-stationed out of state, and I went with her, now the apartment complex is taking me to court for the remander of the lease agreement. Does my wife being military in anyway help me get out of the remander of the agreement.


Asked on 2/14/06, 2:19 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Does military Clause Apply???

Here is a short clip of the relevant law.

A service member who is leasing/renting property used for dwelling, professional, business, agricultural or similar purposes may terminate a lease that was 1) signed before the service member entered active duty and 2) the lease/rented premises have been occupied for the above purposes by the service member or his/her dependents.

The service member must deliver written notice of termination to the landlord after entry on active duty or receipt of orders for active duty. The termination date for a month-to-month lease/rental is 30 days after the first date on which the next rental payment is due after the termination notice is delivered. For example, if rent is due on the 1st of the month and notice is delivered to the landlord on August 5th, the next rent due is September 1st. Therefore, the lease/rental agreement will terminate on October 1st.

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Answered on 2/15/06, 7:55 pm


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