Legal Question in Landlord & Tenant Law in Illinois

I rented a 2 bedroom apt for no cash but to care for a disabled person. their responsibilities are to make sure any medical is taken care of doctors appointments and seeing drugs are taken. The husband was to care for keeping property in order. if this isn't being done can I rent the apt and hire someone to take care of these responibilities? But mainly can I sue them for paying outside help. The apartment is all utilities furnished as well. All of this was done verbally. Can I go after them for an approximate rent they would have had to pay if they are not living up to the aggrement?


Asked on 6/19/12, 9:23 am

1 Answer from Attorneys

If I understand your question, you have a disabled relative and rented a 2-bedroom apartment to a couple to (a) care for the disabled person and (b) take care of the apartment, in return for which you waived cash rent. Since non-payment of rent does not apply here, your right to evict would be based upon their failure to comply with a leasehold requirement, being taking care of the disabled person. Normally this requires a 10-day notice (failure to comply with a leasehold requirement) after which, if they do not move voluntarily, you would have to sue to evict and they could defend on the basis that they did care for the person. In the interim you can certainly hire someone to care for the disabled person but whether or not you can claim the costs in your eviction case would require a complete review of the situation including any written lease you had with the tenant caregivers, and it is possible that if they extend the eviction process you may be able to get "use and occupancy" (as you say an "approximate" rent) but there is no way to enforce it during the eviction process and you might have to track them down for the amount awarded after the lawsuit is over. Have an attorney help you with this process.

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Answered on 7/07/12, 10:49 am


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