Full question:
I am a landlord and my tenant needs to break his lease due to job relocation? How do I find out what I am entitled to in this case?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Illinois
Answer:
If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. The answer will depend on whether the tenant is claiming a breach of the lease terms. A security deposit is usually applied to an amount due for repairs or unpaid rent. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises.
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.
