Legal Question in Real Estate Law in Illinois

My parents landlord is trying to sue me

My parents are being sued by their ex landlord for unpaid rent. My parents listed me and my son who was away at college as occupants because I was living with my boyfriend at the time but we were having problems so I moved my clothes funiture into my parents and changed my address my mail & car was registered there. My parents made an agreement to pay the owed rent but they didn't so the landlords attorney filed a case against them and a judgement but the landlord listed my name in the original court documents but i consulted an attorney and was told that is normal procedure to list all occupants to make sure everyone is evicted out of the residence and my parent also told her and her attorney that legally she cant list me on any lawsuits for payment to her because the lease agreement was between them. My son and i were only listed occupants. I signed for some documents that the landlord came by to give to my parents when they were not home a couple of times but if she knows the agreement was between her and my parents why is listing me in the lawsuit demanding payment. Is this legal? Can she sue me for past rent that my stepdad and mom didn't pay herIs there a loop hole im not aware of. Can i sue her for my attorney fees and tim


Asked on 10/13/08, 12:27 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: My parents landlord is trying to sue me

In Illinois, the suit for eviction and money damages are typically in the same law suit. The Landlord has to list all potential occupants on there to ensure they get evicted. If you and your son no longer live there, I'd recommend just calling the landlord's attorney about it and ask about being dismissed from the case because you are no longer living there. Show up at court also to make sure this happens. The lease will prove you are not liable for for anything because you never signed it.

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Answered on 10/13/08, 12:34 pm


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