Legal Question in Landlord & Tenant Law in Illinois

I currently rent a two bedroom apartment in Evanston, Illinois. Unfortunately, my current roommate has to move, so, I'm currently looking for a new roommate to take over her room and portion of the rent.

I am perfectly happy with the idea of a couple moving into the other room, but I noticed this claus on my lease,

"Any subsequent occupants (limit three total in the apartment) must complete an application, pay the current application fee, be approved by the Landlord, and pay extra monthly rent of $30 per each additional occupant (above two).."

Is this legal?


Asked on 8/18/14, 12:19 am

1 Answer from Attorneys
Stephen Messutta

If you have never read the Evanston Residential Landlord and Tenant Ordinance, you should. There is nothing saying there is anything wrong with this. In fact it is pretty explicit and informative. People who rent and who are just room mates, should be clear on these things -- but the couple would need to pay the fee, get the landlord's approval, and pay for the extra occupancy. And you are still running the risk the couple could default and leave you holding the bag. Your current room mate should cover any loss until you find a replacement for him/her.

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Answered on 8/18/14, 2:03 pm


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