Legal Question in Landlord & Tenant Law in Illinois

We moved out of a house 1 year ago and now the landlord is saying she is going to be suing us for property damages. We have never been told of these damages before and a different tenannt moved in after we left. Can she sue us?


Asked on 5/07/10, 12:24 pm

1 Answer from Attorneys

Can she? This is a great country where people can sue each other for just about any reason if they think they were damaged. The question is can they prove it. If the house is part of a building with 5 or more units in it, Illinois law definitely would say she's about 11 months too late for sure. Unless the lease limited her ability to sue, you can sue for 10 years in Illinois on contracts (which leases are). But you're right; her claim may be considered "stale" because she should have notified you a lot sooner and told you what she was claiming and especially after ANOTHER tenant moved in it would be horrendously unfair to hold you liable so far after the fact. And unless she can absolutely prove the damages occurred before the next tenant moved in, with pictures, at least a witness other than herself, etc., a relatively insightful judge should be able to figure something's not right about the claim. Still depending on what she's after you should protect yourselves and if you are served with a lawsuit by all means hire a lawyer. Take a look at the lease - there may be a provision in it that if there's a dispute whoever wins also gets their attorney fees and court costs paid for. If it's a more typical "landlord" lease, it won't. And if this is giving you sleepless nights, you can go to a lawyer and possibly have the issue brought to a head -- find out what's really going on and what the landlord's specific complaints are. Good luck!!!

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Answered on 5/12/10, 4:34 pm


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