Legal Question in Civil Litigation in Illinois
I got an apartment with a friend and her 2 teenage kids. I had to pay half the rent and only had 1 bedroom she had 2. After signing the lease I never moved in and never spent one night there but have been paying 400 a month rent for months because she didnt want to break the lease which we could have done if we paid $1,000 each but we both had to agree to it so I felt I was stuck because I was bound by the lease and she was threatening if I dont pay she will take me to court to make me pay.My question is since I have never lived there am I still liable for half the rent and was I liable for the last 10 months I have been paying rent and can she take me to court and sue me for the rent if I dont pay. Thanks
1 Answer from Attorneys
Generally, if your name is on the lease, you are liable for payment of the lease amount-regardless of whether or not you have moved in--Unless, there is a clause in the contract that says you don't have to pay if you don't move in (which I doubt it exist, but check anyhow).
The other person has the same obligations--that if the other person who already leaves there does not pay, the landlord can come to you for the entire monthly rent-not only your half, but all of it.
If your name is on the lease, you have taken on the obligation and that is that and if you do not pay, legally, you are liable.
This is based on what you have told me--you should have the lease reviewed by an attorney and get a better opinion as to where you stand. I have not seen the lease and so this opinion is only based on what you have told me and may turn out to be inaccurate.
Good luck!
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