Legal Question in Landlord & Tenant Law in Illinois

Informed landlord we needed to move out before our lease was up due to pregnancy. found 2 people to move in before we moved out. Landlord met with tenant 1 before we moved out. Then allowed tenant one to move into the apartment on Oct 1. Tenant 2 was supposed to be arriving shortly after. Landlord called and informed me that Tenant 2 was a scam, then shortly after informed me that Tenant 2 could not pay rent and would be moving out. We assumed Tenant 1 had signed a lease since he moved in on the 1st. The landlord is now saying that Tenant 1 did not sign a lease and that we are responsible for the entire rent. They allowed Tenant one to live in the apartment for 11 days without signing a lease and only paying a deposit of 300 dollars. Rent is 600 a month and the deposit should be one months rent. We have asked several times for a copy of our lease and still have not received it. Are we responsible for the rent money?


Asked on 10/20/09, 11:49 am

1 Answer from Attorneys

From your zip code sounds like you're in Evanston and so was the place you moved from? If so the city's department of Health & Human Services may be able to help as there is a special landlord and tenant ordinance but you do need to get a copy of that lease! Worst case is it will be attached as an "exhibit" to a lawsuit if your landlord sues you for rent. In fact you may be responsible for the fair rental value of the place for the remaining part of your lease term after you left, less rent that replacement tenants pay for that period, plus damages to the apartment, less any security deposit you left with your landlord and less interest on the security deposit, plus potentially attorney fees and court costs, plus late fees and interest on unpaid rent, plus costs of reletting the landlord has to pay for -- like ads and commissions. The landlord is NOT obligated to accept just anyone, and only has to treat the as subtenants, meaning you are still primarily responsible on your lease. If you moved from a Chicago apartment, Chicago has a similar ordinance but could still leave you liable.

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Answered on 10/28/09, 8:40 pm


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