Roommate in jail/friend has his keys

[Britsguy]

What is the name of your state (only U.S. law)? IL

My situation is three parted:

1) I moved into this apt with a 1 yr lease in June 08 with two roommates. One on the lease, and one not. The one of the lease was arrested at the end of December. He had written a check for January's rent so we were ok until February. He is currently still in jail, and I discussed the issue with my landlord who said he will try to find someone by March 1st. My other roommate who is not on the lease signed a lease starting March 1st because he couldn't wait to find out if our apt would lease. So now if it doesn't get leased by March 1st I would owe the full month's rent. I paid a security deposit equal to a month's rent. If the apartment isn't leased by March is there anything I can do? Would I be able to break the lease lawfully?

2) The roommate in jail gave his key to a friend who has since entered our apartment several times without our permission and taken things that he believed to be my roommates. In the process the friend took several movies that were ours. We since asked for them back and have yet to get them. I am worried now that the friend has the key and can come anytime and do anything in and to our apartment. Did the friend have any right to take items from our apartment without our permission and does she have any right to come in again?

3) At the beginning of the lease the now-jailed roommate allowed me to mount his flat screen tv on my bedroom wall. So, I told the friend I was keeping the tv until the lease was up because in my opinion the friend has no right to take anything from our apartment anyway. If i do have to pay rent, would I be able to sell the tv to pay for some of it? Who has the rights to the tv? I don't want to get sued later for selling his tv and he technically owes his part of the rent.

Thanks for any help on this complicated situation.

 

[HuAi]

Let you landlord know that you would like to pay to have the lock changed on your apartment. LL has to be the one to authorize and contract the work. He will give you 2 copies of the key - keep one and leave the other in the apt for your roommate when he returns.

 

[Who's Liable?]

1) I moved into this apt with a 1 yr lease in June 08 with two roommates. One on the lease, and one not. The one of the lease was arrested at the end of December. He had written a check for January's rent so we were ok until February. He is currently still in jail, and I discussed the issue with my landlord who said he will try to find someone by March 1st. My other roommate who is not on the lease signed a lease starting March 1st because he couldn't wait to find out if our apt would lease. So now if it doesn't get leased by March 1st I would owe the full month's rent. I paid a security deposit equal to a month's rent. If the apartment isn't leased by March is there anything I can do? Would I be able to break the lease lawfully?

No... If you cannot pay the full amount owed(if required) or your portion, you will be evicted for non-payment of rent. Your best bet is to actively find a replacement show you can show in a court of law of your attempt to mitigate the LLs damages.

2) The roommate in jail gave his key to a friend who has since entered our apartment several times without our permission and taken things that he believed to be my roommates. In the process the friend took several movies that were ours. We since asked for them back and have yet to get them. I am worried now that the friend has the key and can come anytime and do anything in and to our apartment. Did the friend have any right to take items from our apartment without our permission and does she have any right to come in again?

No... File a theft report with the police department, give them the name of the person whom you think took the videos. Immediately request a lock change with your LL, OR contract a professional locksmith to change it for you. Provide a key to the LL.

3) At the beginning of the lease the now-jailed roommate allowed me to mount his flat screen tv on my bedroom wall. So, I told the friend I was keeping the tv until the lease was up because in my opinion the friend has no right to take anything from our apartment anyway. If i do have to pay rent, would I be able to sell the tv to pay for some of it? Who has the rights to the tv? I don't want to get sued later for selling his tv and he technically owes his part of the rent.

No, you cannot sell the TV, BUT you can still hold on to it until you are paid or are ordered to return it by a judge or law enforcement official. I would recommend moving it to a secure location.

Once the LL takes you to court, you can turn around and sue the roommate who is in jail for ALL associated costs resulting from his jailing. But for the actions of the roommate you would not be evicted.

LL has to be the one to authorize and contract the work. He will give you 2 copies of the key -

INCORRECT - A tenant does NOT need the permission of a LL to change the locks. They are only required to provide a key once the locks have been changed.

keep one and leave the other in the apt for your roommate when he returns.

correct...

 

[Britsguy]

Evicted?

No... If you cannot pay the full amount owed(if required) or your portion, you will be evicted for non-payment of rent. Your best bet is to actively find a replacement show you can show in a court of law of your attempt to mitigate the LLs damages.

Thanks for the help and advice... But what is the difference between breaking your lease and getting evicted? Essentially I don't want to live here come March so why would it matter if I got evicted? What exactly does that entail?

 

[Who's Liable?]

Breaking a lease entails meeting with your LL and negotiating a buy-out. In essence, you pay early termination fees. Most if not all leases have this clause built in to leases. Yours should have one. It generally entails one or two months rent plus forfeiting the security deposit, etc.. There isn't a danger of the LL getting a judgement against you if you pay all the fees.

Getting evicted is when you cannot pay the rent on the date it is due or make arrangements to continue paying the rent. Generally followed by a judgement against you which goes on your credit score...

 

[Britsguy]

Ok my ex roommate from jail wrote a letter threatening legal action. Here is most of it with names and addresses removed:

I am writing this letter with regards to the remainder of my personal properties still in custody at ___________. the items in question are listed below:

· 32 inch Insigna flat screen television Color: sliver. Retail Value: $699

· (4) Ikea pictures and frames – 2 black ******i pictures, 1 New York skyline and 1 chef picture. Retail Value: $99

· All purpose kitchen knife and cutlery set, black. Retail Value $40

· 2 tiered spice rack, metal Retail Value $ 30

· Any remaining mail in possession since December 22, 2008

As of February 17, 2009 I am requesting that all items hence forth listed above be sequestered to the address of ___________ or to me, within seven (7) business days. Delivery confirmation and receipt of the email acknowledges responsibility for the aforementioned request. Failure to comply with all of the requests mentioned in this letter by the requested deadline will result in submission to the Chicago Police Department charges including, but not limited to; Felony Theft, Criminal Damage to Property, and Tampering with and/or with holding United States Postal Mail.

The two previous emails sent to ________, via __________, as well as previous discussions documented through the email client "gmail" and this e-mail will serve as a final request that all properties be returned before the above mentioned documentation is handed over to the Chicago Police Department as evidence to support the legal charges listed above.

Any questions comments or concerns may be directed through documented emails before the above stated deadline.

Thank you for your cooperation

Now, I don't know if he even knows what he is talking about or if he is just trying to scare me. So I don't know if i have to follow this document. Any suggestions you could give me would be great. The questions I have are as follows:

1) we didn't steal anything. it's just still at our apartment. Can he really charge me with theft?

2) the tv we have of his is not Insignia brand. Does that negate that point? How should I say I don't have an insignia tv. any ideas?

3) It is not stated how these items are to be returned. would i have to mail them/take them? Or is that his responsibility to retrieve them?

4) As mentioned before, he is in jail and because of that i have to pay for the whole apartment. Can I threaten legal action based on that?

5) His friend actually stole 12 of our movies and has our key. isn't that theft? can i counter-threaten?