Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Roommate Ships to Afghanistan Without Paying Rent

    My question involves a roommate in the State of: Illinois

    My roommate recently deployed to Afghanistan and left without paying his rent. Court papers for the eviction were served today. His name is on the papers and I think his mother has power of attorney and I'm in the process of trying to contact her. Before leaving in a text message he agreed to continue paying his rent while he was gone until the lease expired. Unfortunately since then I've deleted that text. And the day he left he assured me that paying his rent was on his list of things to do. He even spoke with our real estate company and assured them he would be paying it as well. What do I do and what if any legal ground do I have to stand on? I have 21 days until my court date and I'm freaking a little! Please help! Thank you for your time and comments!

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Roommate Ships to Afghanistan Without Paying Rent

    You might want to check out the Servicemen's Relief Act"

    Link Here

    You'll need to read through it to see where it would help you. He is NOT cancelling his part of the lease, and the landlord is not obligated to reduce the rent for his part according to this, BUT, the court is obligated to give you an extension of the court date (around here in NYC, tenants get an automatic one or two extensions anyway even if not a serviceman) so that you can get hold of him and get it resolved.

    Also, note the part on "eviction form leased housing", and that under the law, the judge is supposed to take into account delays caused by the military in this situation.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Roommate Ships to Afghanistan Without Paying Rent

    Thank you for your time! He left without paying $600, is there any chance of paying that before the court date, or having his mother pay it before the court date and being able to stay in the apartment? I guess what I'm saying is does Illinois allow for the once a twelve month period right of redemption? The Sherriff who served the papers told me to call the landlords lawyers and notify them that my roommate was deployed. Should I seek my own lawyer before doing so?

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Roommate Ships to Afghanistan Without Paying Rent

    If you plan to use an attorney, I would suggest you get one quickly. Tenants often ask for postponements of court hearings, and till a judge hears the case, no one will be evicted. Apparently the law is written so it'll give additional time for the soldier deployed to do whatever he has to do, such as getting a rent payment together. Apparently, the Sheriff who served the papers may be familar with the law, metioned it, but can't give you any legal advice.

    Normally, granting postments, extensions are at the descretion of the judge, but the law here, as I read it, requires a postponement.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Roommate Isn't Paying Rent, What to Do with Her Stuff
    By corup7ion in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 06-27-2011, 11:19 PM
  2. Roommates: What Can Be Done if Your Roommate Isn't Paying Rent but They're on the Lease
    By Just1Question? in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-13-2011, 09:42 AM
  3. Roommates: Paying My Roommate's Half of the Rent
    By Nsmith8 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-18-2010, 07:12 PM
  4. Eviction Process: Does a Non Rent-Paying Guest Have Rights Vis a Vis the Rent Paying Roommate
    By TKNYC in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-12-2009, 07:45 AM
  5. Roommates: Getting Rid Of A Non-Lease Roommate Who Is Paying Rent
    By evanlockhart in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-11-2008, 09:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources