Legal Question in Real Estate Law in Illinois
Someone was going to move in to my apartment as a roommate. My monthly rent is $650 and I told him I would split it and the electric bill. I didn't have the Internet, but since he said he would need it home, I got the service ready for him and even offered to pay half of the cost.
He agreed to move in before mid-November. Since my ex took my spare keys, I copied mine as soon as he decided to move in, and handed them to him. I told him I would charge a prorate rent for November. In late November, he gave me $420, telling me that should be enough because he would only be living in my apartment the last week of November and from then on. There were other people who were interested in moving in around the same time as he was checking out my apartment. I was expecting this process to be done more quickly. He would tell me when he would come over to move his stuff in, but he would either not show up or tell me he would be over in a few minutes without asking me if I would be home in advance. Since he insisted I stay home while he moved his stuff in, I had to change my plans a few times, let alone when he did no-call/no-shows.
Thanksgiving passed and he was still not moving in, and was still doing the same "I will be over in a few" when I wasn't home. Yesterday, he said he was coming over later but I was going through some personal trouble and asked him to wait for one day and that I would be ready. He got angry and said, "I don't care about your stuff. I'm not going to get punished for it. I'm coming over to take my stuff."
He had me waited for weeks and when I asked him just once to wait for one day, he totally flipped out on me. He said, "I guess you were not ready for a roommate." But I had copied my keys and got the Internet ready for him. When I told him I couldn't work around his schedule and moods all the time, he got even madder at me. He came over to my place while I was out, but the parking lot was apparently blocked and he couldn't get in. He texted me, "I don't understand why you are so mad at me."
I always felt he was so manipulative, at least selfish. It felt like he had to have his ways or no other way and I had to agree with him. I had already asked him to leave me alone the evening, yet he persistently called my phone. I asked him once again to leave me alone and told him I would turn my phone off. Then later he said, "I tried to contact you but my phone calls were ignored."
He is not wanting his $420 back, but I had to get the Internet service which I wouldn't have had to had he not decided to move in. And the prorated rent I could have collected from other prospective roommate was higher than what he gave me.
The Internet service fees: $26.99/mo. x 12 = $323.88
Equipment, package : $26.99 (one time fee)
Installation fee: $9.99 (one time fee)
Prorated rent for November (which I could have collected from someone else, or from him had he moved in on the date he initially gave me) = Approx. $162.50
TOTAL: $523.36
Do I have to give him back $420? He said he won't return my keys if he doesn't get it back. I'm scared because he is very aggressive and like I said earlier, manipulative. He hasn't signed on anything.
Thank you.
1 Answer from Attorneys
You're scared? You have nothing in writing to say he agreed to anything, and the fact he gave you $420 would NOT be proof of any particular arrangement. You could consider letting him sue you, or if he has actually threatened you you could consider a restraining order . . . OR you could get an attorney to write a letter to him attempting to return a portion of it and see if he'll bite while at the same time protecting you from him.... Otherwise the best thought I have is to get him out of your life asap and move on.
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