Legal Question in Real Estate Law in Illinois
Sub-lessor refusal to pay rent
One of our roommates found someone to sublet his room for this semester; this sub-lessor decided to find a different place to live and his now refusing to pay. We have a signed sub-lease, but it looks like we will need to take him to small claims court. Assuming the contract has no issues, and if found in our favor, will the small claims court judge be able to force this guy to pay the rent he owes?? Thanks, Bill.
3 Answers from Attorneys
Re: Sub-lessor refusal to pay rent
Not as easy as that, Bill. Even if the small claims judge rules in your favor, how are you going to collect? File a wage garnishment? Try to discover his assets and seize them? How much money are you willing to spend on court costs and collection costs to recover this debt? How much is the debt? This answer does not constitute legal advice because you are not as yet my client.
Re: Sub-lessor refusal to pay rent
How much does he owe?
A letter from an attorney threatening an action may be sufficient to negotiate some payment from the individual. Otherwise, obtaining a court judgment may not be cost effective.
The Law Office of Paul R. Fine, P.C.
Chicago, IL
[Note this information does not constitute legal advice nor any agreement to provide such services and that no attorney-client relationship yet exists between the author and any party.]
Re: Sub-lessor refusal to pay rent
You should file a small claims case. Sometimes, a judge will actually ask how will you pay the judgment and actually have the parties enter
an agreed order containing a payment plan. Other courts will grant a judgment, but then you have to use the various post judgment procedures to actually collect.
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