Legal Question in Landlord & Tenant Law in Illinois

I live in an apartment and have a roommate, I was not at home for 5 days and within that time my laptop was stolen. There was no force entry and my roommate had 2 guest over. Is my roommate responsible for the stolen property?


Asked on 12/05/10, 5:21 pm

1 Answer from Attorneys

On a "just because" basis, no. People have guests over all the time. The guest(s) who stole it are responsible. Only if your roommate knew or should have known the guests were not trustworthy or your roommate was otherwise negligent in some way might he or she be vicariously liable (ie. not directly but through some negligence of his or her own such as stated), and I don't know if that's something you want to accuse your roommate of. And because there was no forced entry I suspect you're saying the rental insurance won't cover the loss? Or do you have any insurance like that? If your roommate is not helping you, however, you should be filing a police report and that will involve your roommate's required participation because he will have to identify the "guests". If he is unable to vouch for them in any way, you may be able to establish his negligence.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/11/10, 5:05 pm


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