Legal Question in Landlord & Tenant Law in Illinois

rented this apartment with my gf (now ex) 2 years ago. 3 months ago she asked me to move out until we solve our problems. Two weeks ago we argued over the phone and she told me we're done. I need the apartment but she said that if I come back she will go to the police and get a restraining order. I've never laid a hand on her or threatened her in any way but she could claim that, or most likely will say that I put her through stress and it affected her health very badly (she does have a chronic illness) but I never yelled at her or abused her verbally in any way. I don't care if she leaves me after what she did but I really need my place. We're both on the lease and I've been paying the rent and utilities since we got the place except the last month. Plus she has all my savings with her.


Asked on 8/06/10, 8:25 pm

1 Answer from Attorneys

Unless she's just mad right now about something else, trying to hang onto what she will make trouble for you about just seems to be against your best interests. You might consider finding your own place, hoping she will continue to pay all the rent on the existing lease, and quietly waiting for the existing lease to be up and let the landlord know (in writing) you won't be renewing with her. As to the security deposit on that place, if both of you contributed to it, you might have to prove you put up half or part of it, and same as to your "savings" whatever that means -- a judge might believe you or not but is it worth pursuing if this girl will really make that kind of trouble for you? And then again she may decide to say it was YOU who moved out and owe her 50% of the rent she paid..... It's your life but one accusation like what you suggest she might do can be devastating to you. Moving on may be the best thing to do, but it is hard to let go of things.....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/17/10, 7:34 am


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