Breach of Lease

In some instances, a tenant abandons the unit prior to the lease expiration date. Despite the fact that the unit has been vacated and keys have been returned, the tenant is held liable for rent for the remainder of the lease term. Under the law, the landlord has the duty to mitigate damages and can do so by marketing the property, hiring a real estate broker to procure a new tenant, placing “for rent” signage, and the like. According to Wanderer v. Plainfield Carton Corp. 40 Ill.App.3d 552, a landlord may recover costs spent in reletting the property, such as broker commissions, marketing expenses, and attorney’s fees.