Illinois Roommate Rights

[Subtenant]

Four months ago I moved into an apartment with a girl who needed a roommate. The rent was great and it is just blocks from where I work. We had a verbal agreement. We recently got into a today because in the 80 degree Chicago summers I like to keep the thermostat at 68 degrees and she at 74. This is her only reasoning for telling me that in October when her lease is up she will be renewing and I will have to move out. By saying this is her only reasoning I mean I do my dishes everyday, clean the entire apartment regularly, don't make noise, and always pay my rent on time. I don't want to move out. In Illinois is she considered my sub-landlord and I her subtenant or am I considered a roommate? Can she evict me or does the landlord have to get involved? Can she evict me without going through the courts or without valid grounds? Also, if I do get on the lease with the landlord, can the landlord renew the lease for one of the tenants and note the other with or without cause?

 

[LdiJ]

Four months ago I moved into an apartment with a girl who needed a roommate. The rent was great and it is just blocks from where I work. We had a verbal agreement. We recently got into a today because in the 80 degree Chicago summers I like to keep the thermostat at 68 degrees and she at 74. This is her only reasoning for telling me that in October when her lease is up she will be renewing and I will have to move out. By saying this is her only reasoning I mean I do my dishes everyday, clean the entire apartment regularly, don't make noise, and always pay my rent on time. I don't want to move out. In Illinois is she considered my sub-landlord and I her subtenant or am I considered a roommate? Can she evict me or does the landlord have to get involved? Can she evict me without going through the courts or without valid grounds? Also, if I do get on the lease with the landlord, can the landlord renew the lease for one of the tenants and note the other with or without cause?

Unless you signed the lease with her landlord, she is your landlord and you are a subtenant. She can give you notice to vacate under the terms of your lease with her.

However, if you really don't want to move out, then why in the world are you even touching the thermostat? It seems like an absolute no brainer to me.

 

[Subtenant]

Unless you signed the lease with her landlord, she is your landlord and you are a subtenant. She can give you notice to vacate under the terms of your lease with her.

However, if you really don't want to move out, then why in the world are you even touching the thermostat? It seems like an absolute no brainer to me.

Because there is no air conditioning on even when it hits 90 degrees. And last night while I was sleeping she completely turned it off. Also I have asthma and I can't have the bad summer air quality so I need the A/C at least blowing out something.

But technically I don't have to vacate unless she serves an eviction through the courts correct? She doesn't know that so I won't be leaving. At least until she figures out the proper legal action. It's illegal to rent to someone and then because you change your mind kick them out. This is going to be hard since she has 0 grounds. The thermostat being moved down six degrees so that air actually comes out is not grounds and is actually laughable to attempt to evict someone on.

 

[Just Blue]

Because there is no air conditioning on even when it hits 90 degrees. And last night while I was sleeping she completely turned it off. Also I have asthma and I can't have the bad summer air quality so I need the A/C at least blowing out something.

But technically I don't have to vacate unless she serves an eviction through the courts correct? She doesn't know that so I won't be leaving. At least until she figures out the proper legal action. It's illegal to rent to someone and then because you change your mind kick them out. This is going to be hard since she has 0 grounds. The thermostat being moved down six degrees so that air actually comes out is not grounds and is actually laughable to attempt to evict someone on.

Why don't you move where the temp's are better for you? Or pay for the difference in electric bill?

 

[Zigner]

It's illegal to rent to someone and then because you change your mind kick them out.

You are wrong. She certainly can change her mind and, with proper notice, kick you out. Of course, you're determined to be a jerk, so what we say won't matter.

 

[Gail in Georgia]

"It's illegal to rent to someone and then because you change your mind kick them out. This is going to be hard since she has 0 grounds."

Actually it isn't illegal nor hard depending on what type of lease you have...

You mentioned your agreement with her was "verbal". This would imply a month to month tenancy (as opposed to a written lease that would have a beginning and ending date). It's quite easy to terminate such tenancies, although these require a written notice to do such. In addition, no reason for terminating such need be provided. In other words, there need be no grounds for doing so:


"Landlord’s 30-Day Eviction Notice

Where there is a month-to-month tenancy or any other tenancy less than a year (but not week-to-week), the landlord may terminate it at any time by giving a thirty day notice. 735 ILCS 5/9-207. The landlord does not need to give any reason for terminating the tenancy. "


Gail

 

[FarmerJ]

LAST but not least , If you force her to file for a UD to make you get out what happens is there is a paper trail made and in the future other LLs will learn that she had to take you to court to make you leave and when it comes to screening with your application do not be fooled eventually some data mining firm WILL get the court record details and a landlord in the future will learn that this landlord had to take you to court ( yes landlord because she has sublet to you then you are her tenant) so learning that tidbit about you is all many landlords will need to know to use as reason to reject your applications because if one other Landlord had to do it then there is a chance you might do them the same way so they reject your applications and move on to the tenant applicants who dont have a court history related to renting.

 

[Gail in Georgia]

It would be best to try to work something out with your roommate regarding this air conditioner business.

Have you considered purchasing a small window unit for your bedroom at night to help you sleep? They aren't very expensive and most are quite energy efficient and do a very good job of cooling a bedroom (we use one in our bedroom even in Georgia instead of running the central air at night). Most of the 5000 BTU ones run a tad over $100 and plug into a standard outlet.

Gail

 

[Subtenant]

Why don't you move where the temp's are better for you? Or pay for the difference in electric bill?

There is no difference in the electric bill for us because we don't pay any utilities. And I don't see why moving is an issue as long as I have some AC. I don't think it's unreasonable to want the air conditioning on in summer. Though if we did pay the electric bill I would happily pay the difference.

 

[Subtenant]

You are wrong. She certainly can change her mind and, with proper notice, kick you out. Of course, you're determined to be a jerk, so what we say won't matter.

I'm being a jerk because I have asthma and want some AC in the summer? And actually I'm not wrong in metropolitan areas there's a such thing as "Residential Landlord and Tenants Ordinance" which protects both landlords from evicting anyone without cause such as not paying rent on time, being excessively loud, or not taking proper care of the property. The same ordinance protects the landlords by giving them the right to evict under those grounds only.

 

[LdiJ]

There is no difference in the electric bill for us because we don't pay any utilities. And I don't see why moving is an issue as long as I have some AC. I don't think it's unreasonable to want the air conditioning on in summer. Though if we did pay the electric bill I would happily pay the difference.

Again, then why not see about putting a small window unit in your bedroom? Or if that is not allowed, then a portable unit.

There is a big difference between wanting AC in the summer and setting the thermostat at 68 degrees. I would be able to stand 68 degrees myself. I would want it at 74.

 

[Gail in Georgia]

" And actually I'm not wrong in metropolitan areas there's a such thing as "Residential Landlord and Tenants Ordinance" which protects both landlords from evicting anyone without cause such as not paying rent on time, being excessively loud, or not taking proper care of the property. The same ordinance protects the landlords by giving them the right to evict under those grounds only."


That's all fine and good EXCEPT the issue is NOT evicting you but rather simply terminating or not renewing your tenancy.

There is a difference between the two of these.

Gail

 

[Subtenant]

Again, then why not see about putting a small window unit in your bedroom? Or if that is not allowed, then a portable unit.

There is a big difference between wanting AC in the summer and setting the thermostat at 68 degrees. I would be able to stand 68 degrees myself. I would want it at 74.

Because that costs money I shouldn't have to spend when I have central air. Also 70 degrees is room temperature and after speaking with multiple people about this and simply asking their thermostat setting. Not telling them why I'm asking but just wondering I've come across 2 out of about 14 have it at 70 or above. I'm not being unreasonable. I even offer to turn it up when she is around but instead she'll completely turn the unit off before she leaves for her boyfriends even though I am still there sleeping. I'm not wrong here, I've offered negotiations.

 

[I'mTheFather]

Because that costs money I shouldn't have to spend when I have central air. Also 70 degrees is room temperature and after speaking with multiple people about this and simply asking their thermostat setting. Not telling them why I'm asking but just wondering I've come across 2 out of about 14 have it at 70 or above. I'm not being unreasonable. I even offer to turn it up when she is around but instead she'll completely turn the unit off before she leaves for her boyfriends even though I am still there sleeping. I'm not wrong here, I've offered negotiations.

You're wrong to believe that you cannot be evicted and that you are entitled to use of the AC on your terms.

 

[Subtenant]

" And actually I'm not wrong in metropolitan areas there's a such thing as "Residential Landlord and Tenants Ordinance" which protects both landlords from evicting anyone without cause such as not paying rent on time, being excessively loud, or not taking proper care of the property. The same ordinance protects the landlords by giving them the right to evict under those grounds only."


That's all fine and good EXCEPT the issue is NOT evicting you but rather simply terminating or not renewing your tenancy.

There is a difference between the two of these.

Gail

When I moved in the verbal lease was one year from April 1st. If I need to stay past October 1st and she doesn't want me to she would need to evict me because the non renewing situation wouldn't be around until next year.