what are the laws in Illinois concerning last month’s rent if your landlord terminates your lease early?
May 23rd, 2011 | 
Author: I signed a 1 year lease for a condo sublet in IL. We paid the 1st month’s rent, last month’s rent and a security deposit up front.
halfway through the 9th month, I received a notice from an attorney notifying me that my landlord hadn’t paid the last 5 months’ association fees and that the unit would be “taken back” if those fees were not paid in full.
We spoke to the landlord & she explained that she could not afford to pay those fees so we were forced to look for another place and vacate the premises by the end of the month. We had already paid for that month not knowing it would be our last.
Now, after terminating the agreement early and taking our last month’s rent, she is telling us that she has 30 days to get that deposit back to us – which is correct, according to the Illinois Security Deposit Return Act – but she is bunching the deposit and last month’s rent together.
My question is: what can I do to get the last month’s rent back sooner? What are my rights in regard to that money?
I’m actually staying with family because without notice, I could not afford the security deposit for another apartment. I fear that given her situation, she will avoid me and procrastinate as long as possible!
I will send a certified letter requesting the money but where do I go from there? Any advice?
Posted in Landlord Tenant Law
It hardly seems to matter. It seems your landlord is strapped for cash, which is why you had to move in the first place.
I mean… yeah, you shouldn’t have to wait on this, but it doesn’t seem like you have any choice, because the landlord just isn’t in a position to pay.
Any legal action would take a lot longer than that 30 days. Let the landlord know that you expect interest on that rent as it was due immediately upon his breach.
You need an attorney who specializes in Landlord/Tenant Law now!!!!!!!
Essentially your landlord has breached the terms of the lease and has failed to fulfill her obligations to you as a landlord.
One of her obligations is to pay her bills on time so that you are not at risk of losiing possession the property that you have leased from her.
First your attorney needs to send a very strong letter to your landlord demanding that the money be returned immediately, not 30 days.
When a landord breaches the terms of a lease in most Jurisdictions, the landlord is no longer allowed time to return prepaid rent and security deposits. On breach of a lease by a lndlord that money must now be returned immediately.
Your attorney also needs to have a court put a freeze on her bank accounts and other assets until she returns your money.
Also your attorney should demand additional monetary damages from her to pay for the damage that she did to you when she breached her lease agreement with you.
Also your attorney needs to record a notice of pending legal action against all Real Estate that is owned by your landlord.
This prevents your landlord from selling the any real estate that she owns without paying the money to you that she owes you.
Your landlord is in financial trouble and probably will not return that money to you voluntarily. That is why you need an attorney and you need to act now before she conceals her assets or transfers her assets out of your reach.