I spoke with my landlord(an apartment complex) 4months before moving and asked what my options to get out of my lease were (nothing was in the contract for early termination of lease other than eviction) I was told I could do a 3 month buyout or sublet the apt if I chose to sublet i would still be liable for the apt if the person defaulted. I said I'd rather buyout and was told to let them know when i was ready and they would get the paperwork going. So I started looking for a house got my closing date and notified the landlord of my move date and then they said they no longer offer buyout but i could sublet and not be responsible if the person defaults...so i was stuck with sublet since i just bought a house. I listed the apt and every person who filled out an application for the apt was denied for various reasons (4 ppl that i know of) After 4 months of paying rent for an empty apt and being flat broke since i was paying a mortgage and rent on top of other bills I stopped paying them rent. about 2 months later i got a letter from their attorney stating that they were suing me for eviction charges, attorney fees, 2 months rent and damages to carpet. I told them I was willing to pay for the carpet but they refused to take that offer. I wasn't living there so how could i be evicted ( i never received an eviction notice) there were 4-5 months left on my lease where did they come up with 2 months rent? not that i'm complaining just want to know where the number came from? if i fight this is there a chance i can win at least not have to pay for the eviction fee or rent? help please what can i do?
I live in illinois
Answer by Mr Placid
I think your best bet would be to show that the landlord had no commercially valid reason for denying the four people that filled out applications.
I believe Illinois follows the rule that the landlord must mitigate damages, AND the burden is on the landlord to prove that reasonable mitigation efforts were made.
I would say you have a "chance" if those four people show up in court, and testify something like, "I filled out an application intending to rent defendant's apartment, I put down a deposit, gave job references & proof of income, and a week later they denied my application because they said I was on the job for only six months and therefore my income is unstable." i.e. a stupid reason for denial, and an unreasonable effort at mitigating damages.
I don't see how you can be responsible for eviction charges since you were never evicted. You simply abandoned the property and told the landlords to re-rent the unit. By the way, since they would be acting as plaintiffs, it will be their responsibility to justify the numbers.
Answer by bcnu
IN addition to Mr Placid's useful answer, you might consider counter-suing the landlord for breach of contract, or "estoppel", based upon the fact that you had been told that the buyout was available. They cannot simply tell you one thing, expect you to take action on that advice, then act as if they never said it when you do take such action. Therefore, they have breached their (oral?) agreement to accept your buy-out and anything caused by them refusing to honor that agreement is (arguably) their fault for changing their minds. If, on the other hand, they KNEW they were never going to agree to buy you out, you can also charge them with fraud and unfair and deceptive business practices in your counterclaim.
Do not delay. Get a local real-estate attorney to look over your facts and load up the pleadings for you.
Give your answer to this question below!
Orignal From: being sued by former landlord need legal advice...?
Post a Comment