Legal Question in Civil Litigation in Illinois

non payment of rent by roommate and assualt

My daughters roommate has not paid her portion of the rent since they moved into the apt. in Nov. My name is on the lease as a co-signoer for the apt. What legal rights does my daughter have to kick out the roommate for non payment? They got into an argument over my daughter wanting to move back home and my daughter ended up in the ER with a broken hand, from blocking a thrown glass piece, and a cut on her face from broken glass. whe also has a black eye. We are afraid for her safety and would really like for the roommate to move out and pay the back rent sh e owes. Do we have any recouse for this?

Asked on 1/24/09, 4:04 pm

2 Answers from Attorneys

Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: non payment of rent by roommate and assualt

I believe you could sue for battery and the rent.

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Answered on 1/24/09, 5:00 pm

Michael R. Nack Michael R. Nack, Attorney at Law

Re: non payment of rent by roommate and assualt

Your daughter might be able to obtain an Order of Protection. She could also sue the roomate for the back rent, probably in small claims court. he also has a cause of action against the roomate for civil battery. However, no matter what action your daughter takes against the roomate, your daughter (and you) will still be legally responsible under the apartment lease. I would suggest that your daughter consult with an attorney in her area.

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Answered on 1/24/09, 8:32 pm

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