Legal Question in Real Estate Law in Illinois
mistake on lease
The landlord agreed to give me a 3mo lease (6/1/00 to 8/31/00). The clerk typed 8/31/01 making it a 15 month lease. I stayed in the apartment until the middle on Nov. paying rent monthly. One month after I moved I inquired about my secruity deposit and was told ''I broke my lease'' so I lost the deposit.
Although the lease was mistakely printed for 15mo's, the grand total printed on the lease adds up to 3mo's rent. Since he wants to stick to the ''letter'' of the lease, can I recoup the money I paid above the grand total printed on the lease? Also, please let me other options in recouping more money.
1 Answer from Attorneys
Re: mistake on lease
Assuming that there is not "more to the story" and that your deposit was fully refundable after vacating the premises, you are in a pretty good and solid legal position. When a contract contains errors it is always possible to correct them if it is very clear what the intentions of the parties were. In your case it appears clear that yours was a three months lease due to the fact that the amount specified in your lease adds up to exactly three months coupled with your testimony that the lease was only supposed to be for three months. The fact that you remained for an additional three months is also OK as long as prior to your leaving the premises you complied with the notice requirement specified in your lease. You are entitled to your deposit back there is no doubt in my mind unless you failed to comply with other provisions of your lease such as cleaning up, notice, damages and so forth. If Landlord is not willing to cooperate with you I would not wait too long before suing in small claims court. Good luck.
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