Legal Question in Landlord & Tenant Law in Illinois

After I had to kick out my first roommate that was approved by my landlord, I needed to resort to finding new roommates in order to save money. My current roommates who moved in February 1st are refusing to leave or pay anymore. They've caused noise complaints, property damage, and bring drugs into the home. They were told they must leave by March 30th due to the noise complaints they caused. My lease ends April 30th, but was mutually agreed upon by my landlord and I that I could leave end of March. I informed them march 5th they had to leave by the end of the month. The only reason I have been going over currently is to try getting the roommates to vacate. They are not attached to a lease, nor did my landlord allow them to live there or give permission to be there in the first place.

I am being told that I will not only lose my $2400 deposit, but will need to wait for them to be evicted. However long it takes I am told by my landlord that I will be responsible for paying any extra months despite me not living there anymore and despite the lease coming to and end. I agree I should lose my safety deposit, however, can I really be charged for all the months up until they are evicted especially if courts are closed and it takes months for anything to actually happen?

Asked on 4/12/20, 5:57 am

1 Answer from Attorneys

Based on your posted zip code you're in Arlington Heights and the court is Rolling Meadows (District 3). There are many unanswered questions due to the closure orders. Current eviction trials are being deferred to May and June. Whether the courts will ramp up the normal case load is unknown, so you're right, a newly filed eviction case could be deferred beyond that if the courts reopen on a backlog basis. But you should have an attorney review your lease because there are several uncertainties: who is/are named as tenant(s):- just you? Was your first roommate and are the current roommates named or just 'approved' as your own subtenants? If just approved they are YOURS to evict, not the landlords, and the roommates are also protected against being locked out by even you, unless and until you terminate and move out with a release fron your landlord, but yes you're still technically liable til the end of your term, so you might have to be named in an eviction even though you did "nothing wrong". With the closure orders, that currently are set to end April 30 but likely will be extended through all or part of May, you need to arrange a mutual termination with your landlord, which I think only an attorney can help with.... And there are landlords that are abating some rent during the closures, so there may be some opportunity since your landlord may ALSO qualify for a small business grant or loan to cover non-payment of rents. For the moment, though, see an attorney, as there may be other clauses that can help you - for example - force majeure - meaning the courts won't hear cases and it's beyond your control, so maybe there's an opportunity to argue that your lease should be capable of being terminated without risk at the time an eviction normally would be heard....

Read more
Answered on 4/12/20, 8:24 am

Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois