Legal Question in Real Estate Law in Illinois

I was not a co-signer on the lease. i was only listed as an occupantI have a question about a commercial property that I leased with a man that I didnt know as well as I thought. He is the lease holder and I am on the lease as an occupant. Well the second day of being here trying to set up the office which included doing all the painting which was supposed to have been done by the landlord but was not I was exausted. I am 50 yrs old and have a bad back. I laid down to rest my back and fell asleep only to be woke up by the Lessee having oral sex on me. I call the police and there is a restraining order in place. My questions are what are my rights as an occupant on the lease. I have put alot of effort and money into this unit yet the rent is not affordable to me at this time. Can the landlord just kick me out? Will he have to evict me? How much time do I have to relocate?I was not a co-signer on the lease. i was only listed as an occupant


Asked on 12/16/11, 12:12 pm

1 Answer from Attorneys
Stephen Messutta

You need an attorney to review the lease and discuss whatever your "deal" was with the perp regarding your occupancy (which you do NOT identify). If as you say you did not sign the lease, then being inserted as an "occupant" may put you in the position of an approved subtenant, but then the terms of the subtenancy are at issue - that would be between you and the perp, and the landlord may have nothing to do with it. And "normally" the landlord would have to evict the perp as tenant to get to you as subtenant. And if you wanted the space the landlord might accept your continued "occupancy" if the perp is evicted but only if you then sign a lease with the landord. If you simply wanted "out" and this is the case you would need to prove the arrangement with the perp, which you do NOT identify. If, however, your arrangement with the perp amounted to a month-to-month subtenancy, you might have the right to terminate that on 30 days' notice. You may also have an action for assault and battery which in this case might result in damages in the form of monies you advanced for the space. See an attorney for a full and complete review of your situation.

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Answered on 12/17/11, 6:45 am


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