Legal Question in Real Estate Law in Illinois

I have three existing tenants on a lease since July 2010. A fourth wants to join them. Do I need a new lease, or can I just add a name to the existing lease? What about the start date and deposit?


Asked on 9/07/10, 12:23 pm

3 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

You might be able to add them to the existing lease, but it would be safer and easier for everyone concerned to create a new lease for a new tenant. This way you do not have to worry about different start dates and deposits.

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Answered on 9/12/10, 12:42 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You could also do an amendment to the existing lease and have all parties sign the amendment.

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Answered on 9/15/10, 8:20 pm

Since everyone will have to agree, do whatever is better for you if possible. The form is less important than the substance, we say. While a new lease would help you and the 3 old tenants identify what time period they alone are liable for, an amendment would help everyone by identifying what time periods everyone is liable for, especially for things like separate electric or gas bills, what portion of the security deposit each is responsible to contribute, etc.

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 9/16/10, 5:46 am


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