Tenant compensation

[firsttimetenant]

DeKalb, IL

My landlord handed me a two-week notice to vacate the premises citing "irreconcilable differences" as grounds to "dissolve the lease." Even though I know that this was not substantial, the circumstances of living in the house were unbearable enough for me to agree to leave. I gave her a reply stating that "I reserve the right to seek punitive damages for early termination of a lease." What damages can I even file for?

I have already moved out. I gave her a release form to sign, but she wants me to sign it as well. Am I right in thinking that by signing this, I will lose the opportunity to seek punitive damages?

I don't know if this will change anything, but the living situation was this: she is the owner of a 3 room, 2.5 bath 2 car garage townhouse and is renting out 2 rooms and a spot in the garage. She stays in the third bedroom.

I'm sorry this is a little disjointed...chalk it up to inexperience!

 

[Gail_in_Georgia]

You agreed with the request to terminate the lease (?did you have a lease with this landlord?) Thus, you cannot sue for something that you yourself agreed upon.

It sounds as if it just didn't work out between you and the landlord. This happens in roommate situations (quite a lot!) Sometimes the best route is to simply dissolve the living arrangement.

Gail

 

[firsttimetenant]

Well...yes...although it really wasn't a request. She just told me in her notice that I had 2 weeks to vacate...

okay so the reason she wanted to dissolve the lease was because she just plain wanted me out. However, I did not break the lease. It was she who broke our verbal agreement by smoking in the house. When I voiced a problem with this is when she started "retaliating" and blatantly smoked in the living room. Then she went on to demand that I not open a window because "this is [her] house and by opening a window [I was] messing with the heat and cold." So because I didn't want to keep paying rent or get in trouble for not paying rent I left. In my response letter to her notice, I said "I reserve the right to seek punitive damages if I so choose to pursue this option."

I agree completely with you, and that was why I chose to just get out. I couldn't live there without being stressed out and choking on the air every day!

I'm not really looking to sue...I know that it's probably not worth it. I just would like to know...to know.

Thank you for your help! and prompt response!

 

[Prov31Wmn]

I agree with Gail, and it sounds like you're going to do the right thing. Roommate situations rarely work because it's difficult to live with other people. Be grateful she is allowing you out of the lease without penalty, sign the document and move on. Use this as a learning experience, to drag it on is a waste of time. It's reasonable to come to an agreement to part ways because you don't want to be there and endure that, and she obviously doesn't want you there. Now you have questions to ask people you want to roommate with. Also, there is a website and organization call "SmokeFree Housing" I believe and they keep listings of vacancies of owners/landlords seeking occupants who conform to being smoke/tobacco free. They may be of help to you and can possible locate a place in your area so you won't have to go through this again. Good luck.