Legal Question in Landlord & Tenant Law in Illinois

Subletter property destruction

I'm pretty sure the answer is no, but I had a subleaser in my apartment for the past 3 months without a very formal contract. She trashed my mattress completely, and I would like to press charges in some way. Even a civil case would be worth it, as the mattress is worth quite a bit of money. Is anything possible? My roommate (who is on the actual lease) was here with her as well, so I wouldn't have a problem proving that she was indeed living in my room. Thanks a lot


Asked on 3/28/07, 2:45 am

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Subletter property destruction

Of course you can sue somebody who damages your property - whether it's worth it after you pay court costs, etc. is your choice

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Answered on 3/28/07, 10:46 am
Noelle Ansley Noelle Ansley

Re: Subletter property destruction

First, to "press charges" would require you file a criminal complaint against her, and to do so requires you talk to the police. Good luck with that one. Second, if you want to file a civil suit for your property damage, the costs for filing a complaint will depend on how much you want to claim: if amount claimed is between $250 and $1,000, your filing fee is $129; if $1,000 to $2,500, the fee is $134. Then there are fees for filing an appearance, a jury demand, and having the sheriff serve the complaint. If you want to evict her, the fees are even higher. Also consider that if you sue, you will have to take time off of work, go down to the loop, wait around in a courtroom, and otherwise expend a lot of time and energy on this matter. If you hire a lawyer, you will have to pay that person as well. So, mull this all over before you take any action. Have you considered just trying to negotiate with her directly? It's advisable under the circumstances.

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Answered on 3/28/07, 10:51 am


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