Q: Seeking advice on lease cancellation before possession in Niles, IL without termination fee specified.
I signed a residential lease online on April 7, 2025, for a rental unit in Niles, Illinois. On April 13, I met the owner and provided the security deposit. After attending an orientation on April 17, I decided not to proceed with the lease due to the apartment being tenant-unfriendly. I informed the owner by phone, emails, texts, and mailed a cancellation letter on April 21. The lease was to begin on April 25, but I never received keys, took possession, or moved in. The lease does not include a termination fee for early cancellation, and possession is defined as receiving keys. The owner now texted, saying they will recover damages for "breaking the lease" and notify me within 30 days. There was no confirmation from the owner after my multiple cancellation attempts. No clause applies before possession of the apartment. What steps can I take to resolve this issue and ensure that I am not wrongly charged?
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A:
It’s good that you acted quickly and documented your decision to cancel the lease before taking possession. Since you never received keys, moved in, or used the property in any way, there’s a strong argument that legal possession never occurred. If the lease defines possession as receiving the keys—and that never happened—it could help support your claim that the lease never fully went into effect.
The absence of a termination clause for pre-possession cancellations also works in your favor. Landlords often rely on such clauses to justify keeping deposits or charging fees, but without one, it’s harder for them to claim damages beyond what they can actually prove. If they try to demand payment, they would need to show they suffered a real financial loss due to your cancellation—like the unit sitting empty longer than expected.
You should keep records of every message, email, and letter you sent. If the landlord tries to collect or send the matter to collections, you can respond with a written dispute and attach your evidence. You might also consider sending a certified follow-up letter reiterating your cancellation and asking for confirmation in writing. Standing firm with your documentation puts you in a stronger position to avoid unfair charges.
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