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  1. #1
    Join Date
    Mar 2014
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    2

    Default Roommate Won't Pay Rent

    My question involves landlord-tenant law in the State of: Illinois

    I have a roommate that is refusing rent. Last (and first time) they paid was January. Their name is not on the lease nor did we sign anything. The electric bill is in their name. I have been asking for rent but keep getting refused it. The amount (250) of their part of the rent, half of electric , and half of water is what I asked for. We are at a 500 dollar electric bill (we fell behind for jan-feb and feb-marchs bill) which she claims to have paid (we still have electric on) so I told her that since my half of the rent is half of the electric I would pay for the entire bill of Feb's rent.

    I did this because I don't want to hand my cash to this person in fear they don't pay the bill but I have offered several times to go and pay it with her. Problem now is March. It's almost going to be April and still no rent. What can I do? I fear this person will retaliate with my belongings since when she moved in I had everything in here. TV, Computer, Internet, Couches...etc. She brings questionable people in to the house and smokes weed even tho I have expressed my concern. She is only 18 (I'm over 25) and behaves like I owe her something. I need them out of the house or them paying rent....still considering giving a 30 day notice (after my past due rent is given).

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default 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.

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

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