Understanding Leases: Landlord's Failure to Deliver Possession in Mount Prospect

When a tenant signs a rental agreement and expects to move in, everything should be smooth, right? Well, sometimes things don't go as planned, and that's where this law comes in Section 23.1808(B) of the Mount Prospect Residential Landlord and Tenant Regulations, also known as "Failure to Deliver Possession."

So, what happens if the landlord doesn't give the keys to the new home as promised? Let's break it down:

1. Rent Abatement: If the landlord fails to hand over the place on time and according to the rental agreement, a tenant does not have to pay rent until they get possession. After all, a tenant can't be expected to pay for a place they can't live in.
2. A Tenant's Options: There are two choices available.
   1. First, the tenant can tell the landlord in writing that they want to end the rental agreement. The written notice should give the landlord 5 days as a deadline before the lease termination date. Then, they have to give you back any rent and security deposit you already paid.
   2. Second, if the tenant decides to stay and wait for the place, the tenant can demand that the landlord sticks to the agreement. And if they don't, the tenant has the right to take legal action to get possession of the place back. If someone else is occupying the place without permission, the tenant can go after them too!
3. Wilful Failure: If the landlord's failure to give the place is intentional and not just a mistake, the tenant can ask for some extra compensation from the judge. The tenant might be able to get either two months' rent, damages actually suffered, court costs and fees.

Remember, this law is there to protect tenants and make sure rights as a tenant are respected.