Legal Question in Landlord & Tenant Law in Illinois
I have been living with someone who has a lease that had expired, then renewed and now "Holdover". This person that I am living with didn't pay the rent and was sued. My name, even though I was not a lease signer was sued as well. A judgment was awarded to the landlord against the person whom I have been living with and myself. My question is: What am I in relation to the tenant - I mean am I a boarder, sub-tenant or a guest? (Additional info: I have never paid rent, I did chores and ran errands for the person I live with for food and a room) Am I liable to the landlord to pay rent and is the judgment legal? (Additional Info: I went to court and told the judge I was not a lease signer or paying tenant -judgment against me too)
1 Answer from Attorneys
It "sounds" like you are a subtenant and provided personal services in lieu of rent. You were sued because you occupy the place and if the landlord doesn't name you one way or the other then in case of an eviction the landlord might not be able to evict you and your property but only the tenant. Depending on various factors and in addition to getting an eviction order against you as well, the landlord may be able to hold you liable for money damages on equitable theories. Although there are obviously many ways the landlord could have found out your name, you can't exclude the possibility that the tenant got the landlord's approval to have you as a subtenant. PS a boarder is like a tenant if the tenant owns the property and is like a subtenant if the tenant is in fact just a tenant.
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 currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.
Related Questions & Answers
-
Lanlord won a judgement against me for 2900 and how long do I have to pay for it? Asked 11/13/10, 11:16 am in United States Illinois Landlord & Tenants
-
I signed a lease in July, a couple months later I took on a roommate. She isn't... Asked 11/12/10, 10:22 pm in United States Illinois Landlord & Tenants