Unit not ready - Using 2022 Chicago Residential Lease - Deliver

[Frank S.]

Howdy, 

I am in a pinch.  The unit rented for 8/1/2022 will not be ready. I messed up a few things.   It will take about two weeks, if I am lucky. I can't deliver possession. 

I have the following clause, 

7. Possession. Landlord shall deliver possession of the Premises to Tenant on the
Beginning Date of the Lease. If Landlord is unable to deliver possession to Tenant on
such date, this Lease shall remain in full force and effect except that the Monthly Rent
shall be abated pro rata until possession is delivered, unless Tenant elects to maintain
an action for possession of the Premises or, upon written notice to Landlord, elects to
terminate this Lease.

Per the above, it seems, I can offer to prorate rent and they can move when ready.  Also, they can cancel if they please with no penalty to either party. 

What would you do in this case?  I haven't called my future tenant.  I think this person has flexibility, but still.  This is bad timing. 

However, according to Google.....

What if I sign a rental agreement and I can’t get the apartment ready for the tenant when agreed?

Answer
If the apartment is not ready for the tenant when you agreed, the tenant may terminate the rental agreement upon written notice to you, or the tenant can file a legal action against you for possession and recover any damages the tenant may have sustained. If a Chicago landlord’s failure to deliver possession to the tenant is willful, the tenant may recover up to the greater of two months’ rent or twice the damages sustained by the tenant.

Can I get in deep waters here even with clause 7 above?

Geez...

F

[Frank S.]

The imaginary gods of real estate are on my side!  I solved this with one call. 

I called my current tenant, he said can leave by Sunday. He was going to finish a paint job and clean, I told him to not worry about that.  He wanted to move out early anyway. 

I sent a message indicating that he didn't have to do that, but we appreciated the offer to move by Sunday.  In case, he gets a lawyer involved saying I kicked him out. 

Next tenant moves on Monday. 

Problem solved.

WOW!!!