Legal Question in Landlord & Tenant Law in Illinois
I used my name/good credit to get a lease for an apartment for my then boyfriend. We have broken up and now I want to remove my name from the lease. Both of our names are on the lease, but the landlord informed me that because my ex-boyfriend's credit is so bad he does not feel comfortable with turning the lease over to him, as my ex still wants to live there for the remaining 8 months. For about two months, I have constantly asked my ex to find a guarantor to replace my name on the lease, as the landlord suggested, but my ex is not cooperating. My last option would be to find a suitable tenant for the apartment. Can I do this without my ex's consent? Can I remove his name from the lease? Do I have the right to "kick" him out of the apartment?
2 Answers from Attorneys
You do not have the right to kick him out of the apartment since he is also on the lease. You have the right to find a tenant, however. You have the right to demand money from him too. Please feel free to email me with further questions: [email protected]
The lease is a contract, and the specific terms of the lease will control. We would need to review the lease to advise you specifically. You cannot unilaterally remove his name from the lease. You do not have the right to kick him out. However, it would seem that you could find someone else to move in, as long as the landlord agrees. Is he paying the rent? If so you may just want to ride this thing out. Keep in mind, however, that if he doesn't pay, and the landlord sues for the rent and receives a possession order, then that could negatively impact your credit. If you would like to discuss this matter further, feel free to contact us, 773-684-5730.
This reply does not constitute and attorney client relationship, and is specifically limited by the information provided.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
