Asked over 1 year ago - Chicago, IL
FlagI signed a lease for 2 years but I only paid 1 month and I never lived in the apartment , my landlord and I have agreed verbally that I can no longer afford the rent and he should look for a person to rent it to , it's been 9 months I have not paid him anything because of the verbal agreement and the fact that I could not afford it , he couldn't find anybody to rent it he called me and said that he demands the money,otherwise he will issue a court order , I told him I am on the verge of bankruptcy , now he wants a court order before I claim bankruptcy , my question is should I claim the bankruptcy before he takes me to court , and if the judge orders amount can I still do the bankruptcy , the lease document is still exists but the verbal agreement is just that
I can't speak for the bankruptcy part other than the fact that if you are going to file soon I can't see how the landlord will get a judgment against you sooner, and about the only thing a landlord normally wants from a non-paying tenant is an order of possession pre-dating bankruptcy because that can be enforced, but since you don't live there that doesn't seem to matter either.
ON THE OTHER HAND, in Illinois and in Chicago in particular, a landlord has an obligation to attempt to "mitigate damages", that is, in the landlord's case, relet. 9 months and no relet? Something's fishy or you may have a defense even to a landlord's lawsuit for rent!
"I signed a lease for 2 years but I only paid 1 month":
This failure to pay, makes you liable to LL for damages in suit and an eviction proceeding.
"...my landlord and I have agreed verbally that I can no longer afford the rent and he should look for a person to rent it to"
This is not a contractual arrangement (or a verbal agreement) , it’s a mere discussion of circumstances. You can't afford to pay, and he should look for a new tenant–that is not a verbal contract.
"...I have not paid him anything because of the verbal agreement"
You are in breach of the written lease, and I see no new verbal agreement to supplant the written lease.
"... the fact that I could not afford it"
an important practical concern, however, meaningless insofar as a new agreement. You're obligated under the written agreement to pay, if you can't afford you become liable for damages.
"he couldn't find anybody to rent it"
Landlord is REQUIRED to mitigate his losses in a circumstance as you describe. He must make a good faith effort to find a new renter AND be able to show he made a good faith effort. If he can't, he will not be able to claim that you owe him nine months’ rent.
"...he called me and said that he demands the money"
He can sue you because you breached the lease agreement.
"...otherwise he will issue a court order"
Landlords don't issue court orders, courts do. LL has to sue you in court. You have your opportunity to state your case.
Claim the bankruptcy on a schedule that suits you and your circumstances, not the landlords needs. If you declare bankruptcy BEFORE LL terminates the lease, you MAY be able to prevent an eviction.
Strongly recommend you discuss with a Bankruptcy attorney ASAP before you LL gets a final judgment in court.
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