Full question:
We are terminating a 2 year lease on a home in Illinois after 18 months due to a job relocation. Can we pay the 18th month rent with the security deposit we made initially, which will cover the rent?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Illinois
Answer:
A security deposit is meant to cover damage to the property or unpaid rent, as specified in the lease. If your lease does not allow the security deposit to be applied to the last month's rent, you still owe that rent. The landlord must return the security deposit if there is no damage beyond normal wear and tear and all rent is paid. If you terminate the lease early without the landlord's consent, the landlord can use the deposit for unpaid rent or damages and may pursue further action.
In practice, if the landlord agrees to the early termination and there is no damage, they may not enforce payment of the last month's rent. However, they could still seek damages for unpaid rent or property damage. According to Illinois law (765 ILCS 710/1), landlords must provide an itemized statement of any damages within 30 days of your move-out to withhold any part of the security deposit for damages. If they fail to do this, they must return the full deposit within 45 days.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.