Re: Roommate Won't Pay Rent
When you say "Their name is not on the lease" do you mean that this roommate is your subtenant?
What is the actual issue here? Is it that you brought in a roommate, told them rent was $XXX, then when you said, "Oh, I forgot to mention, I want you to also pay half of the utilities" they told you that they had already paid the rent?
if this is your subtenant, you can give notice and, if necessary, evict her. Read this.
Re: Roommate Won't Pay Rent
Thanks for replying.
Yes, subtenant.
And no, they knew about half rent, half utilities. They just refused to pay either. The electric bill was in their name.
However, as of today she moved everything out of the apartment and left me the keys on my counter. Does this count as her having moved out (Am I safe to change locks?). There are things left here (some dvds, blankets, etc) that belong to her. Am I obligated to hold them? Or can I dispose of them. It just seems to be forgotten items.
Also, thanks for that link, I could not find any information for Illinois that made as much sense as that whole page, it answered a lot of my questions.
Re: Roommate Won't Pay Rent
Abandonment is defined in the Residential Landlord-Tenant Act. Unless you have actual notice of abandonment, you need to wait 21 days. I suspect that if you contact her by text or email and ask, she'll confirm abandonment.
Note, if it's in her name, she is probably going to shut off the electrical service.
Quote:
Quoting 735 ILCS Sec. 5-12-130(e)
(e)
Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:
(1)Actual notice has been provided to the landlord by the tenant indicating the tenant’s intention not to return to the dwelling unit; or
(2)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or
(3)All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.
Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.
If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a: air rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.