Legal Question in Landlord & Tenant Law in Illinois

A past landlord has a default judgement against me in housing court. I feel that I am wrongfully being sued for the past rent because I was not living there at the time the monies were due. I contacted the landlord to give her a 30 day notice that I was moving. I moved out beginning of the next month. My sister continued to live in the apartment. I was told by the real estate that when she put in her application for the apartment that I was completely free of all obligations. She put in the app, they agreed she could take over the lease. So the next year I check my credit report and there is a default judgement against me on the apartment. I never even knew about a court date about the apartment, no one contacted me saying my sister wasn't paying the rent there. Not the landlord, or real estate lady, I never even receieved a court summons. So I went to court and tried to explain that I never knew about any of this, and even in the court papers it states that my sister could take the lease over. Rather or not she paid is not my fault, because they said she could take over the lease. They said she had came to court about the apartment before, which was something else I never knew about. I even tried to just get the default judgement voided cause I wasn't living there and no one brought me a summons for court. How can I fail to appear for something I didn't know about. I just feel the landlord is suing the wrong person. She should be suing my sister because I wasn't living there anymore. Also the lawyer appeared in the court room with a fake lease that he says I signed which I know for a fact I did not. Because like I tried to explain to the judge, why would I sign a year lease when I'm moving. I still have my original lease, rent receipts, and other proof that I collected to fight this charge. I honestly believe that he used a computer to create the lease and I told the judge that. She basically called me a liar. So the default judgement still stands. When I confronted the lawyer in the hallway, and told him that lease was fake and he knew it, he said my sister screwed me and walked away. I feel the same way though, if someone owes the landlord anything its my sister, I even have my lease from my new apartment proving I wasn't living there at the time. I want to fight the default judgement again. Should I get a lawyer this time?


Asked on 8/16/10, 11:16 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Good idea.

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Answered on 8/22/10, 4:32 am


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