Break Your Lease
Landlord being unreasonable? Get professional help breaking your lease.
Full Risk Analysis
Unique Strategies
Peace of Mind
Landlord being unreasonable? Get professional help breaking your lease.
Full Risk Analysis
Unique Strategies
Peace of Mind
Something has changed. New job forcing a move, roommate from hell, ceiling collapse, bedbugs, boyfriend threatening you, change of station orders, unresponsive landlord or just not getting what you paid for. There are so many reasons an apartment that made sense months ago doesn't fit your current situation.
Perhaps you tried to work it out with your landlord. Maybe you even tried to negotiate a buy-out or sublease. Instead of working with you, your landlord made threats and proposed "solutions" that would cost you tens of thousands of dollars. In fact, it seems like he wants turn your difficult situation into a bonus for him by charging both you and a replacement tenant rent.
We help tenants deal with difficult situations.
Let's face it, some landlords just don't respect tenants - they think that we still live in the age of lords and serfs. They make the rules and you will follow them. If your landlord is acting unreasonably, it's time to hire a lawyer to terminate your lease and get you into a housing situation that fits your current needs. Many leases can be broken for a month of rent, and even the most tricky cases aren't hopeless. Rules that protect tenants are convoluted and technical - fortunately, we have the experience to help you stand up to your landlord.
EXCELLENT Based on 52 reviews Joseph LupaFebruary 12, 2024Trustindex verifies that the original source of the review is Google. Andy is a wonderful lawyer. I cannot recommend him enough. John LuoNovember 7, 2023Trustindex verifies that the original source of the review is Google. Andy was excellent. We were involved with a security deposit dispute involving our landlord, and Andy was very responsive and attentive. He took the time to answer the many questions we had, especially when it came to timing and likelihood of outcomes. While we had a sense of the general approach, he very clearly outlined a path to success for our case, even before we signed. Overall, Andy effectively resolved our dispute and was professional throughout. Thank you! David RichardsOctober 18, 2023Trustindex verifies that the original source of the review is Google. Andy was outstanding. He was extremely thorough and precise, and always responded to our questions/concerns quickly. We had a difficult security deposit case that he worked on for us to a succesful conclusion. We will seek him out again if we ever need a lawyer. Maleigha EllisJune 25, 2023Trustindex verifies that the original source of the review is Google. This has been the only attorney to respond to our urgent needs in the few weeks we’ve been looking for legal representation. I’m so excited for our next conversation! I’m confident that Brabender Law will help us resolve our issues. Thank you all so much for reaching out! Edit: If I could leave 5 more stars I would. Andy helped us tremendously with 1 phone call. I highly recommend paying for the strategy session. He answered our questions and gave us a ton of information we were missing. I’ll definitely be giving him a call back if I ever need help again! Teresa MJune 8, 2023Trustindex verifies that the original source of the review is Google. I can’t recommend Andy enough! You just don’t find good lawyers like him. He’s responsive, genuine, gives great advice, and always has your back. He helped us back in 2021 with our security deposit and we successfully won our case. I needed some legal advice today now that I’m out of Chicago, and without blinking an eye provided me with it. Even if he can’t help, he’ll provide a referral or provide you the best options in your specific situation. I just can’t recommend him enough, truly the best! Julian RoseJune 1, 2023Trustindex verifies that the original source of the review is Google. Andy helped me resolve a dispute with someone I was subletting a room from. He was always very quick to respond to emails and showed a genuine interest in helping me get a positive result. I highly recommend his services. Megan RoddenFebruary 5, 2022Trustindex verifies that the original source of the review is Google. We worked with Andy because our landlord wasn’t giving us back our security deposit - Andy was incredible transparent about the process, available to answer our questions, and very helpful during a particularly stressful situation. We were able to get back our deposit plus more and not have to go to court with his help. We cannot recommend enough! I hope to not have another law issue but if we do, we will be calling Andy. Olivia ParwanaJanuary 14, 2022Trustindex verifies that the original source of the review is Google. We were ultimately forced to seek legal help after a dispute with a landlord and we could not be happier with Andy Brabender's expertise. His initial complimentary phone consultation was beyond thorough and answered all of my questions. He was straightforward, fair and settled the dispute to our satisfaction professionally and quickly. A situation that was causing us significant stress was promptly resolved and no longer a constant weight on our shoulders.
Fill out the form located at the top of this page. Once we receive the form, our intake specialist will call you within one business day. She will ask you questions to determine whether your matter is a good fit for our firm. The intake specialist will also discuss the cost of services based on the facts of your matter.
If intake believes we can help and you wish to hire us, a strategy session is scheduled. The strategy session consists of a review of your important documents (lease, evidence of bad conditions, communications from your landlord, ect.), a discussion of your goals and concerns, an evaluation of your legal options and the risks associated with those options, and a question and answer session. At the end of the call, we will discuss whether it makes sense to move on to a full termination. If not, you leave with the peace of mind of knowing where you stand.
Once the Strategy Session is complete, you will understand your risk profile and the cost of termination. With that in mind, if you determine that termination makes sense, we will put the termination plan into action, terminate your lease, and instruct you on proper move-out procedures. Your landlord will be instructed to deal with us and, in all likelihood, you will have heard the last of him.
We take pride in our ability to improve the lives of so many tenants in a world where most attorneys are only interested in working with landlords. Whether you were leaving your old apartment due to awful conditions, an abusive spouse, or just to take your dream job in a new and exciting city, our termination process helps tenants make the move that is right for them.
Though every tenant can benefit from a Strategy Session, our services make more sense for some than others
In over a decade of representing tenants, we have seen just about every situation imaginable. Though any lease can be terminated, the risk of repercussions varies based on the specific facts of an individual's case.
The most obvious case for termination is a situation where staying in the unit is not an option. This commonly occurs where there is a mandatory job transfer, where the tenant bought a new house, or where the tenant already signed a lease on a new apartment. In these situations, it always makes sense to terminate, regardless of risk.
Within Cook County, almost all tenants can terminate a lease if there is a significant conditions problem with the unit and the landlord does not fix it after a technically correct notice. If the conditions problem is very bad (think flooding, lack of essential services ect.) the tenant can often terminate with little or no notice.
Outside of Cook County, the conditions problem has to be really significant since other counties are not as protective of tenants.
Living with an abuser is a horrible situation and Illinois recognizes this. If a tenant is in an active abuse situation, a termination is possible so long as the many technicalities of Illinois law are satisfied.
I could write a book on the many ways a landlord can be horrible and there are few things worse than having one of your basic needs controlled by a psychopath. If your landlord is walking into your unit whenever they like, retaliating when you upset them, conducting unauthorized renovations, propositioning you for sex (yep, it happens) or otherwise making your life hell, it may be time to move.
Faq
How much are lease breaking services?
Lease breaking services start with a strategy session of up to an hour. This session costs $295.00.
After your strategy session with the lawyer, you will have the option to move on to a full lease termination. Typically, a termination is one month of rent, minus the strategy session fee you already paid, subject to a minimum of $1,650.00.
Do you offer free or "pro bono" services?
As a for-profit business, we do not get grants or government funding. Thus, in order to pay our workers and support our families we have to charge for the only thing we have to sell, our time. We offer the strategy session as an affordable unbundled service that we believe offers good value even to those that cannot afford full representation.
If you cannot afford a lawyer at all and have very low income, legal aid may offer free advice - though I do not believe they offer lease breaking services.
What happens if i don't proceed beyond the strategy session?
There is no obligation or pressure to retain our services beyond the initial strategy session. For many tenants, the time on the phone with a lawyer is all they need to get their questions answered and set them on the right track.
Can I just break my lease myself?
Yes, hiring a lawyer to break a lease is not required. Tenants can simply move out and stop paying rent. However, landlords are more aggressive in pursuing unrepresented tenants and, if they sue, the tenant will have no defense if they did not jump through all the hoops mandated by federal, state, and local law. Terminating a lease without a lawyer is very risky and we cannot usually salvage a case a tenant already messed up.
what happens if i just leave my apartment?
If a tenant simply moves out of an apartment turns over the keys, and stops paying rent, there are pretty significant financial consequences. Under the law, the tenant owes the landlord all lost rent, plus reasonable marketing expenses, plus (in most jurisdictions) reasonable attorney's fees and costs incurred to collect the lost rent and marketing expenses from the abandoning tenant.
Is terminating a lease risk free?
No, terminating a lease early is never risk free. Even in cases where termination grounds are the strongest, the landlord could still sue the tenant. By working with a professional, the tenant understands their risks, bolsters their defenses, and make it far less likely that the landlord takes adverse action against the tenant.
how quickly can i break my lease?
Leases can be terminated very quickly, we have even done one-day turnarounds before. That said, a rush-job is not ideal and a very short timeline can take some grounds and defenses off the table. Starting the process at least two weeks before intended move-out is best.
what are grounds to break my lease?
The legally available grounds to break a lease vary based on where the apartment is located. The most universally available grounds are unlivable conditions including infestations, flooding, fires, code violations, mold, lack of essential services, extreme harassment, ect. Additionally, domestic violence, including threats of violence from roommates, give grounds for termination state-wide. Likewise, federal law mandates that servicemembers are allowed to terminate if they get change of station orders and take the proper steps. Moreover, landlords are not allowed to rent unpermitted units (often basement conversions) anywhere in the state.
If the unit is located in Cook County, both the Cook County Municipal Code and City of Chicago Ordinance provide many other grounds for termination including lack of mandatory notices and disclosures, retaliation, conditions problems, unlawful entries, and others.
what happens when you break a lease?
When people hire us to break a lease we first conduct a full risk analysis during the strategy session. If the tenant is comfortable with the risks and desires to move forward with a termination, we instruct the tenant to find a new apartment and prepare for move-out based on the appropriate timeline. Once the tenant is ready, we send a notice or series of notices to the landlord asserting the grounds for termination, notifying the landlord how and when the tenant will vacate, and directing the landlord to communicate with our office rather than the tenant directly.
Once the landlord receives the notice, there are a number of possibilities. Many landlords just accept the termination, do not respond at all and the tenant moves out without ever hearing from the landlord again. In other cases, the landlord opens dialog with us and attempts to negotiate a settlement. Less commonly, the landlord will threaten to sue the tenant and we will have to further explain the grounds to the landlord and convince them that litigation would be costly and unproductive. Finally, a small percentage of landlords will make good on their threat to file a lawsuit, after which the tenant will either need to settle or defend the lawsuit. Fortunately, the percentage of terminations that results in a lawsuit is small and those where the tenant only has a weak defense is even smaller.
Can I break my lease due to roaches, rodents, ect.?
Infestations are one of the most common grounds used to break a lease. If a tenant's unit is infested with rodents, roaches, bedbugs, bats, or other pests, and the landlord is not taking reasonable actions to exterminate, the lease can usually be terminated. Tenants should make sure to document the infestation with pictures and videos and, ideally, should start working with an attorney to send the appropriate notices to the landlord before terminating the lease early.
can i break my lease due to domestic violence?
Yes, Illinois has a state-wide statute that allows the victims of domestic violence to terminate their lease early. Unfortunately, the notice and timing requirements of the law are extremely complex, so it is important for the tenant to get professional help to exercise their rights.
What is the penalty for breaking a lease?
There is not a "penalty" for breaking a lease, even without grounds. So, when a tenant refers to a penalty, they are likely referring to either a buy-out fee or breach of contract damages.
Some leases, especially those with large cooperate landlords, have a buy-out clause that allows a tenant to terminate their lease if certain conditions are met. Typically, buy-out clauses contain both a notice provision and a buy-out fee. The most common clauses I come across require 2 months' notice and a buy-out fee of two or three months of rent. Thus, if a tenant desires to move out immediately, they end up paying 4-5 months of rent (notice period plus buy-out fee).
If a tenant breaks a lease without grounds or with grounds but without taking the legally required steps to terminate, the tenant is liable to the landlord for the landlord's financial losses, this is called breach of contract damages. Breach of contract damages include lost rent, reasonable marketing expenses, and (usually) attorney's fees and costs. Though there is a lot of seasonal and other variation in breach of contract damages, the range is typically 3 to 5 months' rent (higher in winter than in summer).
Can I break a lease before moving in?
Once a lease is signed, whether a tenant has moved in or not does not have a significant impact on terminating the lease. Though the harm to the landlord may be less, a tenant still needs proper grounds and procedure to break a lease to reduce the chances of adverse action from a landlord.
Can I beak my lease for flooding or water damage?
Yes, depending on the severity, leases can be terminated early due to flooding or water damage. Leases can be terminated with very little notice for severe flooding and, for less severe situations, a notice period is likely required.
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