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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption