• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cosigner/Eviction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

leslieanne512

Junior Member
What is the name of your state (only U.S. law)? Illinois

A few months ago, my landlord left a note typed on his LLC's letterhead stating that I was going to be evicted on my kitchen counter. The note did not follow the form that the court uses but basically stated that I had 10 days to pay him the rent I owed. I was already planning on breaking my lease and moving. I had told him this the month earlier, but never put anything in writing. The note was dated for 2 weeks before he actually left it at my house. So it would have been impossible for me to actually leave 10 days from the date of the note because I got it 14 days after it was dated.

I ended up moving 90% of my stuff out and then he changed the locks on me. After telling my landlord that I had the police department coming with me for him to let me in, he said that was unnecessary and sent his cousin or someone instead. I got the rest of my stuff and told him that since he had not gone through the proper steps in court to evict me that I would not be paying any of the rent he thought I owed or the supposed damages to the residence. I had spoken to the cops and they said that he couldn't change the locks without a court order for eviction. After telling him all that, he left me alone.

A couple weeks ago, about 3 months after I completely moved out of the residence, the landlord sent a letter similar to the one I found on my kitchen counter to my mom, who co-signed for me. Again, it was on his LLC's letterhead, not a court document. It says that if she doesn't pay the balance of what he thinks I owe, however, that action will be brought against her. I am wondering if either of us should pay since he never truly evicted me and never got a court judgment that I actually owe the money. She doesn't want her credit or anything else negatively affected and I don't want that either. What should we do?
 


HuAi

Member
You should pay the back rent and damages that you owe to the landlord. Normally a tenant who broke the lease early would also be liable for rent through the end of the lease or until the landlord finds a new tenant (whichever happens first). However, in this case the LL illegally locked you out, so in your place I would let the landlord try to prove in court that you owe him rent beyond the day you were locked out.
 

Gail in Georgia

Senior Member
The initial letter your landlord left you was a "Quit or Pay" notice; this does not have to on any court form and is the first notice given to tenant that if they do not pay the NEXT step the landlord will take would be filing in court for an actual eviction.

Your landlord did not have to go through the process of court ordered eviction since you vacated the rental unit.

This does not mean you do not owe back rent or payment for any damages beyond normal wear and tear to the rental unit.

Since your mother co-signed the lease, she is also responsible for the above. Again, this letter is a warning sent by the landlord that if payment is not received, his/her next step is against filing a lawsuit against her. This is the "action" that he mentions in the letter.

Gail
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top