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Landlord / Tenant Issues : Includes Leases, Evictions, etc.
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Old 11-06-2009, 06:45 PM
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Join Date: Nov 2009
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Can I void a lease before occupency


What is the name of your state (only U.S. law)? Illinois
I signed a lease on October 20th and I am not supposed to move in until December 28th. I want to know if I can void the lease.
  #2  
Old 11-06-2009, 07:10 PM
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Join Date: Apr 2002
Location: snowland
Posts: 6,824
does your copy of the lease say anywhere in it you are able to change your mind , cancel, terminate early? if not then go talk to the LL , perhaps they have another customer who can fill the vacancy when it comes up.
  #3  
Old 11-06-2009, 07:46 PM
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Posts: 1,154
No.

One party to a lease cannot unilaterally void or terminate the lease. All parties must agree to it. If not, the lease is binding and you are expected to fulfill your legal obligation.

A lease is a legal binding contract.

You should give the landlord written notice that you do not intend to move in so that they can advertise the rental and attempt to find a replacement tenant. The landlord is required to mitigate his damages, but you are liable for the rent until either the lease expires or a replacement tenant is found.

You can also be held liable for any costs the landlord sufferes (as damages) due to your default. This can include advertising costs, agent fees, court costs, attorney fees, etc.
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