Legal Question in Landlord & Tenant Law in Illinois

I signed a lease in July, a couple months later I took on a roommate.

She isn't keeping up with her half of the work. One month her rent was late, she did pay the late fee though. Things are not working out for me and I need her to leave. She did sign the lease but she didnt date it. She didn't sign the lease with me on June 26th she signed it in August. Can this help me get her out?


Asked on 11/12/10, 10:22 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Is the roommate's lease agreement with you, or your landlord? Either way, it will depend on what the terms of the lease say.

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Answered on 11/18/10, 9:24 am

I'll assume you are not the landlord. You both signed the lease. She did later than you. What you don't say is whether she moved in at the same time. If she did, then her later signing ratified the lease as to her from day 1; if not she may have a defense to rent prior to move-in as to the landlord. As to the two of you, if she moved in day 1, she would be obliged to whatever deal you two had regardless of her signing the actual lease between the two of you and the landlord later, and if she did not move in until later she would probably not owe you anything just because you had moved in first although a judge might again say she ratified the lease and therefore ratified your arrangements -- there may be other factors there that alter that outcome.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/19/10, 5:21 am


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