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Want to void post-dated lease

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neptune882

Guest
Hi. We signed a year's lease, with the help of a co-signer, for our apartment last June in the State of Illinois. The current lease is not up until June 30th. Realty management require a 30 day notice when a tenant wants to move out. We had to make a decision in the middle of May if we would want to stay. We knew we might have to move, but felt we had no choice, and again signed a year's lease, with co-signer. That lease does not begin until July 1st. Due to a job transfer in a month that will require us to relocate, we, of course, do not want to continue living in this apartment. The realtors told us that because everyone already signed the lease, including us, the cosigner, and the management, that we HAVE to stay with that lease, unless we can find someone to take over before we move. Even though we want to give them their required 30 day notice, they still said we cannot void this lease. I would assume that if any party of the contract wants to void it, before the date in which it goes into effect, that there shouldn't be a problem. I would appreciate any advice. Thanks!
 


Cvillecpm

Senior Member
A lease is a lease is a lease

You have a lease for an apt you already occupy so it is not a post-dated lease....the terms just don't take effect until July 1st. Provide the 30 day notice, move as necessary and do proper checkout with mgmt. Management will have to re-rent your apt ASAP and mitigate your damages - meaning lessen the rent you owe on your "future lease". See if they have a policy whereby you can forfeit deposit or pay a penalty fee - like 2 month's rent. Otherwise, you should advertise for and secure a new tenant in your place and present completed application to mgmt.

Good luck.
 

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