Legal Question in Real Estate Law in Illinois

Roommate problem

I aquired a roommate and allowed a women to move in with security deposit and 1 month rent. No lease. After moving in, the roommate went on a drinking spree for several days. She dropped a cigarette on the carpet and let it burn, trashed her room, left back door and garage door open all night and other damage and inappropriate behaviors. I called the police to have her removed. The police did not help. I call a reference and she came over and help escort roommate out of house. I do not want her back in. Do I have any recourse? Also, when I rent the room again, how can I protect myself?


Asked on 2/17/03, 9:49 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Roommate problem

As far as the damage she caused, you should be able to withhold part of the security deposit to cover the costs - however, you would need to give her written notice technically to comply with the law - you have 30 days usually to do so. You should return her belongings immediately. Also, be aware, that you were not within your rights when you ejected her from the premises. An eviction must be done through the legal process and not the way you did it. That's probably why the police did not help you. You can hope that she does not attempt to sue you. As far as future advice - always get a lease. there are standard leases out there - you may be able to find one at your local library. A credit check is usually a good idea - you can do credit checks over the internet as long as you get written permission from them to do so. Get their signature. Most libraries have internet access if you do not have access to a computer otherwise. You will also find standard forms at the library for credit checks. Call references - this is probably your best chance of finding out any prior problems - ask the right questions.

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Answered on 2/20/03, 12:54 pm


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