Legal Question in Landlord & Tenant Law in Illinois

Verbal Agreements

When signing a one year lease for our new appartment this fall my 4 potential roomates and I were told that they only let 4 people sign the lease. This left our 5th roomate off of the lease (he was the last to show up) but he still intended to live with us and had verbally agreed to all the conditions of the lease. The place we are renting from collects 3 months in advance and the 5th roomate has paid his share of the first payment and the deposit. He recently decided that he does not want to be in the area anymore and potentially will want to break our agreement. With the proof that he intended to follow up on our agreement would our verbal agreement hold up? What can I do to avoid problems in this situation?


Asked on 5/07/09, 3:16 am

1 Answer from Attorneys

John Lee John D. Lee and Associates, LLC

Re: Verbal Agreements

Generally speaking, apartment leases must be in writing. One may assume that the landlord would let only 4 people sign the lease because that was the maximum occupancy that the landlord would accept. Given those facts, generally speaking, a verbal argreement to modify a lease would not be effective. A person should avoid this situation in the future. This answer does not constitute legal advice because you are not as yet my client.

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Answered on 5/07/09, 9:13 am


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