Illinois Rent Abatement Clause Providing for a Landlord Remedy and Damages

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Multi-State
Control #:
US-OL4021
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Description

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

Normal Wear and Tear: Damage in Illinois, ?Normal Wear and Tear? refers to deterioration of the property that happens when the property is used as it was meant to be used, but only when that deterioration occurs without negligence, carelessness, accidents, misuse, or abuse by the tenant or guests of the tenant.

If the repair is required by law, or by the lease, the landlord has 14 days (or less, if it is an emergency) to repair. If not, the tenant can "repair and deduct." This means they can pay to have the repair made, and then pay less rent the next month to cover the bill.

A statute in Illinois requires commercial tenants to mitigate their damages when a tenant has been evicted or has moved out before their lease term ended. Mitigation in this context means that the landlord should take reasonable action to obtain a substitute tenant.

Illinois law allows personal injury victims to recover compensation for emotional distress (also referred to as emotional harm) in the same way a prospective plaintiff would file for compensation for any other damages they alleged to have suffered in a personal injury incident.

Landlords must provide habitable living conditions. Below are few examples of code violations: Insufficient heat, no water, no hot water. Broken/missing locks on doors/windows. Roof/ceiling leaks.

The Illinois Attorney General specifies two things. The tenant must leave the property clean when they're done with it, and it must be done before and move out. The landlord must ensure the property is cleaned before a new tenant moves in.

Responsibilities Keep the property in good condition. Provide any required repair service for the unit. Do a regular maintenance service to the utilities. Not disturb other neighbors or tenants.

On top of this, it is ultimately the landlord's responsibility to thoroughly clean the apartment unit before the new tenant moves in.

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Illinois Rent Abatement Clause Providing for a Landlord Remedy and Damages