Can I be sued or be garnished for2 months rent if I gave notice that I needed to move due to job hours cut and avoiding of eviction?

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Can I be sued or be garnished for2 months rent if I gave notice that I needed to move due to job hours cut and avoiding of eviction?

I needed to move because I couldn’t afford the rent payments due to a job cut.

Asked on November 30, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you gave notice to your former landlord that you were terminating your lease because you could no longer afford your lease but you had a remaining term on your lease (several months under a written lease), you would be obligated to the landlord for the unpaid rent for the balance of the term of your lease.

However, your former landlord has the obligation to mitigate his or her damages for you vacating your rental with time remaining on the lease by trying to rent it out to a third person as soon as possible for a reasonable monthly rent.

In short, your former landlord can bring an action against you for unpaid rent remaining under your written lease and obtain a judgment against you. If successful, he or she can garnish your wages and levy on your bank accounts to collect what the court may award.


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