Legal Question in Landlord & Tenant Law in Illinois
I have rented my property to a couple and the lease has been signed by husband. The lease expies this June and they have extended till next year June. Now the husband says they are planning for divorce and he may have to leave the house. What will be the obligation for his wife to pay the rent? Can I give a notice to her for vacating the property as she did not sign the lease? The property is in illinois.
1 Answer from Attorneys
You posed two questions:
1. What will be the obligation of the wife to pay rent? If you can show they were in fact husband and wife, Illinois law says that even if the debt is only that of one spouse, the other can be liable for family necessities, which includes housing costs like rent.
2. Notice to a tenant: Depends the kind of notice, but if it is one of the statutory notices in the Code of Civil Procedure to initiate a forcible entry and detainer case (eviction), then notices can normally be given to the tenant OR to anyone over the age of 13 who "resides" on the premises or is "in charge of" the premises, which would include the wife. HOWEVER, I would consult with an attorney as to the kind of notice you want to give (normally no notice to vacate is required where a written lease has a specified end date but some communities require notice of non-renewal and your lease may say something about it too), because if it is not a statutory notice then the lease will be determinative of how notices are to be given. In addition, notices must be worded properly, and so for example as strange as it may seem since the wife's name is on the lease but she did not sign it, she may need to be named and also as "unknown occupants" which would also hold true for any others living there, such as any children, and it's just a good idea to add that anyhow if you're not sure, because without that if and when the Sheriff has to evict, the Sheriff can only evict the parties named in the notice, lawsuit and order of possession.