Legal Question in Landlord & Tenant Law in Illinois

I've been out of a relationship since the end of November. My ex and I shared an apt which I no longer live at, and both our names are on the lease, as well as my mother's who signed as the guarantor. The lease is currently on a month to month basis. My ex refuses to leave the apt and the landlord says the only way my mother and I can be done with the apt is for my ex to be out along with all of her belongings. Is there a law where I can be done with the apt, or some other way for my mother and I to be done with the apt?


Asked on 5/08/10, 6:52 am

1 Answer from Attorneys
Stephen Messutta

Unfortunately you're in a bit of a pickle unless the lease says something else, which is what you should have an attorney look at- THE LEASE. IF the lease has expired and is now month-to-month, it may be that any one of the three of you can give notice to cancel on a month's notice. The problem is that IF the lease makes you and your ex-jointly and severally liable primarily and your mom remains guarantor, all of you could be liable even if ONLY the ex- stays on. It also may depend on the terms of the guaranty; the guaranty MAY have expired when the lease ended, depending on the words of the guaranty and some other factors. That may help her but may not help you. Take the lease to an attorney who can look through it and see what options are available to you. If the attorney concurs after reviewing the lease that the guaranty is gone, the attorney may be able to work a deal for you that if you terminate she's left. Give it a try. Maybe something else is buried in the lease or situation that could help you. Good luck.

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Answered on 5/13/10, 9:03 am


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