What to do if I signed a 1 year lease 1 years but after 4 months into it he wanted to terminate the lease since he found a buyer for his property?

UPDATED: Oct 23, 2012

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What to do if I signed a 1 year lease 1 years but after 4 months into it he wanted to terminate the lease since he found a buyer for his property?

We got into a contract where he decided to pay me a dollar amount for the damages he caused to me due to the sudden and earlt termination of the lease; he gave me 3 postdated checks. The first check got through but the second did not. I have tried getting in touch with him but he won’t respond. What are my options to get back the money he signed a contract for? Can I sue him for NFS on post dated checks? If I were to bring him to court for not following the contract is there a time frame from signing the contract that I should have filed the case in?

Asked on October 23, 2012 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country the sale of a property comes subject to a written lease. In your case if the landlord want to end your lease early he or she needs to pay you off to vacate.

Due to the check not clearing for you to vacate the landlord materially breached the agreement with you for an early departure. As such, I would write him or her a letter to this effect stating that you are not vacating the unit even if the sale goes through. The new owner takes the unit subject to your lease in place. This will give you leverage in getting paid if you want to vacate. Keep a copy of the letter for future use and need.

Your other option is to sue in small claims court for the breach of contract as to the amount owed you by the landlord per your agreement with him or her.

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