Legal Question in Landlord & Tenant Law in Illinois

A tenant was granted access to our rental property before the terms of the lease started to deliver furniture. We were in the middle of cleaning and preparing the property for her at the time. She noticed what she called "mold" in the window sill. I haven't yet confirmed that allegation. She now wants to cancel the lease and get ALL of her money back (1st month, last month, security deposit, and two months,which have passed, that we split to "hold" the property until she moved from out of state). Oh ya... She's family.

Asked on 8/24/13, 7:39 pm

1 Answer from Attorneys

Joseph Brabender Brabender & Chiang LLC

That last fact is the most concerning.

This is practical information rather than legal. Do you really want to be involved in a legal dispute with family members? Even if she wasn't family, you don't want another 10 months of hell. It isn't worth it.

Offer her everything back but the months that have already passed. If she won't accept that, give it all back and be done with her.

If you really want to get into a fight, consult a local landlord-tenant attorney. This area of law is highly localized and your municipality may have some quirks. Generally, she would be responsible for the rent for the whole term minus any money you can recoup mitigating by finding a new tenant. Mitigation is mandatory in all of Illinois. A little bit of "mold" wouldn't likely allow her to break the lease.

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Answered on 8/24/13, 7:53 pm

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