Lease problems in Illinois

[Jeepguy14]

I have a lease on an apartment at school that I am trying to break. The lease began in August 2000 and ends in August 2001. I started paying May of 2000 and stop paying April 15, 2001. I talked to the landlord in November and he told me that he would do his best to find a new tenant. I moved out but continued to pay rent and kept some of my furniture there. In January the tenants below me discharged a firearm and the casing went through our floor and lodged in our ceiling. Since then I have not been comfortable being in the apartment so I moved the remaining furniture out and abandoned the apartment. I turned in my keys, turned off the utilities and stopped paying rent. I tried working out an agreement with the landlord but he is unwiling to negotiate. He has yet to repair the damage to my apartment and to my knowledge the tenants still live below me. He offered to give me a new apartment but would not be willing to pay for the moving costs. I still owe three months rent but prepaid for three months and he has a security deposit. My question is, if this went to trial do you think I would have a case?

 

[LL]

Without knowing anything about Illinois law, I would guess that you only maybe have some kind of a case.

1. You didn't move out until at least January. A judge would probably require that you pay rent through then.

2. You say that you have already moved out, and landlord is offering you a new apartment. That sounds pretty fair to me.
This would mean your moving back into the building, after you moved completely out. I don't understand your demand for moving costs.

3. Additionally, do I understand that you are 3 months behind in rent? Thats the kiss of death.

4. A judge may let you out of the remainder of the lease, or put a limit on how long the landlord can continue to charge rent. It works against you that you essentially moved out in November for reasons unrelated to the gunshot in the ceiling.