Mount Prospect Conditions: Legal Remedy of Lease Termination
The landlord must maintain rental property in compliance with the Village codes. If the landlord is violating the law by not maintaining the rental property, then the tenant may terminate the lease by sending a demand letter.
What to Consider
- If a tenant sends a letter to break the lease, the lease is considered terminated on the 15th day. The tenant has 30 days to move out. However, if the tenant stays in the unit past the 30-day deadline, then (1) the 14-day letter is waived, (2) the lease remains active, and (3) the tenant are liable for rent.
- After the 14-day period ends, the landlord might not accept the lease termination and threaten to hurt the credit or sue the tenant. The landlord needs to 'mitigate damages' by finding another tenant.
- Document to the conditions issues before and after the tenant leaves.
- After the 14-day period ends, the tenant can send a follow-up written communication to the landlord that their lease is now terminated under the RLTO and they plan to move out within 30 days. The tenant can ask about move-out procedures (like where to return the keys) and an inspection.
Other Available Options
- A tenant might be able to withhold rent with a 14-day letter to withhold under the Mount Prospect Regulations. Click this link to explore that option or click the proper link at the bottom of the page.
- To explore other options outside of the Mount Prospect Regulations, click here.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.