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oweing from an eviction

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InNeedOfHelp04

Junior Member
What is the name of your state? IL and/or FL

In 2004 I lived with my then boyfriend in an apartment. We were both on the lease. We both agreed that we would break our lease and I would move up to Illinois until I gave birth to our child. Then after baby was born move back down to FL with him. We moved out June 2004 and I left for IL. In Oct 04 I found out he was cheating on me and we split up me staying in IL him in FL. To the sueing questions. Because we broke out lease we owe the money for the rest of the lease and it all came out to about $4000. They only sent ME to collections. The collections agent I deal with now when I make the payments to pay this off said I would have to take X to small claims court and sue him for half of what they charged for breaking the lease. What are my chances of winning this case. Also would I have to go back down to FL to sue him over this? Thanks for any advice given.
 


divgradcurl

Senior Member
What are my chances of winning this case.
How is anyone supposed to guess that, without knowing all of the facts of the case, what evidence you might have to support your claims, and what defenses he might have (and evidence to support those)?

Also would I have to go back down to FL to sue him over this?
Was the lease in FL or IL? If the lease was in IL, then you could likely sue him in IL -- but practically speaking, unless he has assets located in IL, it will be pretty tough to enforce any judgment against him. If the lease was in FL, and he's in FL, you'll need to sue him in FL. Even if the lease is in IL, it's probably best to sue him in FL, since it will be easier to enforce the judgment.
 

JETX

Senior Member
Divgrad is correct.... but I have a question for you...

Where did they come up with $4000??
They can ONLY collect the amount of their damages... that being the unpaid rent that they lost due to your breach, plus actual damages. How much was your monthly rent?? And how long was the property not rented??
Example: If your rent was $800 per month and the property was vacant for only two months.... then their damages are only $1600. They cannot 'double-dip' by collecting rent from a current tenant AND try to collect from you for the same times.
 

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