Landlord Remedies Incase the Tenant Breaks His/her Obligations and Duties
When your tenant violates his duties as a landlord, you have certain rights. If the landlord fails to perform the duties in a timely manner, you may be able to get an abatement of the rent. This is because the rent is based on the days from the date of notification to the day the condition was remedied. It can be very difficult to find out whether a tenant can avail of this remedy.
One of the most common landlord remedies in case the tenant breaches his duties is terminating the lease. The tenant must give a reasonable amount of notice to the landlord before terminating the lease. If the landlord does not take any reasonable steps to remedy the breach, the tenant may seek damages from the landlord. If the breach is serious, the tenant can also sue for an injunction. If the tenant is successful, the landlord is entitled to recover reasonable attorney’s fees. If the tenant has failed to pay rent in a timely manner, the tenant may be able to seek an injunction against the landlord. However, if a breach occurs over a long period of time, the landlord may terminate the lease.
A tenant can also sue the landlord for damages. The tenant may be able to argue material non-compliance as a defense, and seek an injunction to prevent the breach from happening in the future. If the tenant is successful, they can seek alternative housing and recover the value of their substitute housing. The replacement cost must be reasonable and should not exceed the tenant’s monthly rent. Even if the landlord is unable to pay the tenant’s rent, they can still recover attorney’s fees and damages.
The tenant must remedy the breach in a reasonable manner before the landlord can seek damages. If the tenant has taken reasonable steps to mitigate their loss, they can claim damages. The landlord can also pursue an injunction against the tenant if the breach is substantial. The tenant can seek compensation for the inconvenience they caused the landlord by providing alternate housing. The value of the substitute housing can also be recovered. The rent may be reduced by the amount of the rent the tenant would have paid.
If the tenant refuses to perform the duties as a landlord, he can seek a court order to compel the tenant to comply with his duties. If the landlord is unable to comply with the tenant’s obligations, he may be forced to evict the tenants. In such a case, the landlord may have to pay the rent to the person. The tenants may also sue for damages if the landlord fails to fulfill his obligations. If you need the help of a landlord attorney make sure you look for a good landlord and tenant attorney in Chicago.