Legal Question in Landlord & Tenant Law in Illinois

I have recieved a 5 day notice to pay rent or quit.

We have just received a 5 day notice to pay rent or quit. We had a 3rd roommate who has not paid his share of the rent after stating that he would. He moved back to his home state and was supposed to send his check to our landlord he has not done that. He is delinquent on march's and now April's rent. He has also stated that he was to file bankruptcy but has not sent a notice to our landlord stating he did not have to pay due to that fact. We have not paid our April's rent yet as we have not gotten the money for it yet. How do we go about resolving this matter? Is our roommate still responsible for paying his share since his name is on the lease? how long do we have until we have to vacate the property?


Asked on 4/07/09, 5:18 pm

1 Answer from Attorneys
Paul Fine

Re: I have recieved a 5 day notice to pay rent or quit.

Are you in Chicago? The Chicago Residential Landlord and Tenant Ordinance provisions affect your situation.

You must pay the rent regardless of the roommate (this is one of the downsides of having roommates). Your roomie has basically screwed you. Now he's out of state and you collecting from him will be difficult. Maybe try calling his folks and telling them what he did. Worth a shot.

How did you receive this "notice"? The RLTO requires it be done in a very precise way to be valid. Also, does your building participate in any subsidized housing programs like Section-8? In general under Illinois law you must pay the rent by the deadline or else the landlord can file an eviction action against you and have you and your belongings removed from the apartment by the Cook County Sheriff.

You may want to try negotiating with your landlord and see if he will take a reduced payment now and you will make up the balance later. Make sure you keep receipts for all your rent payments.

Please feel free to contact me for assistance.

Sincerely,

The Law Office of Paul R. Fine, P.C.

Chicago, IL

[email protected]

[Note this information does not constitute legal advice nor any agreement to provide such services and that no attorney-client relationship yet exists between the author and any party.]

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Answered on 4/07/09, 5:31 pm


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