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Ratings. Guidance. The Right Lawyer.
landlord tenant laws of IL regarding tenant's right to sublet rooms
Chicago, IL
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Posted about 1 year ago in Landlord / Tenant
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roommate sublets:
I wanted to sublet my room, but my roommates refused a new roommate. The lease says the landlord cannot refuse a 'reasonable sublet' and makes no mention of requiring the other roommates permission. I view the lease as an individual contract between the landlord and each individual who signed the lease. Also, I moved in as a subleaser for a previous roommate, so I know that the landlord and roommates have allowed it in the past. What can I do?
Additional information
They insist upon me paying my portion of the rent even though I am no longer living there. They also changed the front locks and bought a dog so that I am unable to enter the apartment without giving them "at least a week's notice." Answers (1)
Mark Aaron Silverman
This attorney is licensed in Illinois.
Posted about 1 year ago.
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Your lease is really a contract between the landlord and "Tenants" generally, who are jointly and severally liable. If you were a subleasee yourself, and didn't sign anything with the landlord, you may be liable only to the other tenants, and not the landlord, but this is a messy situation because there are no clear rules for it.
Since this is in Chicago, you may want to have your lease reviewed by a lawyer in Chicago who is familiar with the RLTO to see if your lease can be terminated legally immediately because of the landlord's failure to attach certain disclosures. That said, there is no clear answer to whether one tenant can terminate just their own rental agreement while the other tenants do not desire to terminate. If they've changed your locks, and you are denied possession, it certainly does not seem likely you can be required to keep paying rent. No clear answer though. Take a look at the Chicago Residential Landlord & Tenant Ordinance: http://www.depositlaw.com/CHICAGO%20RLTO.htm Good Luck |
