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  1. #1
    Join Date
    Sep 2015
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    1

    Default Can My Roommate Make Me Move Out When Our Lease Term is Over

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

    I've lived in a 3 bed apartment with a close friend for over five years. We've always gotten along well and enjoyed living together. She recently told me that her friend will be attending grad school in the city which we live and that her friend is going to move in to my room when our lease is up next month and they will "be happy to help me find a new place!" We are and have both been on the lease for the five years we've lived here. We even have an extra bedroom that remains unoccupied that I proposed just having her friend move in to and the three of us living together (I know and like this particular friend very much). My roommate opposed the idea and said they just want it to be the two of them living together. I told her if she is not willing to compromise, she and her friend can find a new place and I should not be the one having to move out. She argued they are both students (she is in school full time, neither of them have jobs) it would be difficult to find a place they can afford that they like.

    My landlord told me he is leaving it up to us to decide who goes and who stays. Can she legally ask me to leave and her friend move in since I am on a lease? Our lease is up at the end of next month, so can she legally resign with someone else if I oppose moving out?

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Roommate Told Me to Move Out So Friend Can Move in when Our Lease (Both On) is Up

    it's not up to your Ll to solve...and depending on how your lease reads it may boil down to jawbone power

    As a Ll I might not be happy with 2 students w no jobs!

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can My Roommate Make Me Move Out When Our Lease Term is Over

    Either of you can terminate the tenancy, consistent with the terms of your rental agreement. If you're speaking of a lease with an annual term, not a month-to-month lease, normally a lease will hold co-tenants jointly responsible for rent until they both vacate. If your roommate gives notice, you may have rights under the lease to continue the tenancy without her. You don't have to give notice even though your roommate would prefer that you move out.

    If your lease provides for automatic renewal, and you do not give notice such that the lease automatically renews for a one-year term or if it becomes a month-to-month lease, you will continue to be co-tenants. If you are required to actively renew the lease -- sign a renewal agreement -- in order to continue the tenancy, then your landlord will have to decide whether he wants to allow the lease to go month-to-month or ask you both to move out (backed up by the possibility of eviction).

    All of that said, this really does boil down to a matter that your landlord can leave you to resolve with your roommate. The only real question from the landlord's perspective is, if the lease doesn't automatically renew for a one-year term, whether he would ask you both to leave or if he would let the lease go month-to-month.

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