Landlord wants to back out of lease before we move in. (new home, tenants)

[momofone09]

So my husband and I were approved to rent a nice duplex in Grundy county IL. We signed the lease and so did the LL, gave the security deposit and are set to move in the first of the month. I met with the LL today and was told that they will not take a personal check for the first months rent but wanted a certified check. We were not told that the first months rent was to be a certified check. I had a check post dated for the 1st, when I get paid. They said we will meet on the first for the keys and they get the certified check.

An hour later, I get a call from the realtor that they were using to find tenants, that they want to back out of the lease. All because they think we will never have rent when its due since I had a post dated check.

Our current place is being rented out to another family after the first. If they backs out, we have less then a week to find a new home or we are on the streets.

Can a Landlord back out of a lease so easily like this? What are my options?
Thank you for the replies.

[Peer79]

It's common practice for a landlord to request certified funds for the first month's rent and the deposit. Accepting that your version of events is accurate, a signed lease is a binding contract and the landlord cannot back out that easy, even though you were never given possession of the unit. At the very minimum he needs to refund the security deposit you paid to him.

However, as a practical matter, if he is willing to refund your deposit without hassle then you should move on. You are financially even and it is unlikely you will ever be on good terms with this person. Any court action would likely depend on the attitude of the judge.

[USAGeorge]

Walk away...It's over...Find a new place. Get on with your life..Crap happens.

[doodlemagic]

They can't make you not take the place but do you want to deal with a landlord like this for the next year or two?