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Landlord rerented to someone else but we never signed lease termination, lease break?

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mjr244

Junior Member
What is the name of your state (only U.S. law)? IL

To make a long story short....I signed a 1-year lease with a landlord in July for $1900/mo and $3800 security deposit. This guy has been an absolute jerk the whole time.

I had to move out of the house after 2 days....yes, 2 days. He made pretty much no effort to re-rent the house. However, I know the courts don't need very much in determining the landlord has fulfilled his duty to mitigate (so I didn't figure it was worth suing to break the lease for that). Finally, 6 months later (January 8 or so), I found and was able to secure a new tenant for $1600 (this is after paying the $1900/mo for the 6 months because we couldn't find new tenant). I know I was responsible to landlord for the $300 price difference with new tenant over these last 6 months. So, I expected to get $2000 back for security deposit as he was going to take that $1800 price difference from security deposit.

No surprise to me, he basically came up with $2,050 more of BS charges and said he thus owed me nothing back from my security deposit. He signed a new 6-month lease with this tenant in January (so it's not a sublease). However, him and I never signed anything terminating our lease even though I did move all my stuff out January 8 (day before new tenant moved in). He had a lease termination printed up in early January with certain terms I did not agree with so I did not sign it. Those terms in question did not end up happening anyways but we still never signed anything.

I am going to be suing him for the security deposit owed to me as the 21 day period has passed. However, hasn't he technically breached our July lease since he has re-rented the place and signed into a whole new lease with another tenant when him and I did not sign any type of lease termination? Or would the court look at the circumstances (that I moved my stuff out, etc) as evidence that the lease was terminated with my consent and knowledge?
 
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justalayman

Senior Member
Or would the court look at the circumstances (that I moved my stuff out, etc) as evidence that the lease was terminated with my consent and knowledge?
you admittedly left evidenced by the new tenant you found. Why would you even consider the argument of him breaching the lease. You had already done so.

He did you a favor by signing a lease with the new guy. He could have left you as the tenant and you would be liable for any damages your sublessor did to the apartment. This way, there is no sublessor and you are done with the place.
 

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