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Illinois Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable

Category:
Landlord Tenant - Residential Leases - Subleases
State:
Illinois
Control #:
IL-1074LT
Format:
Word; 
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Description

This is a letter from a tenant to the landlord concerning the landlord's refusal to permit tenant to sublease the premises to a sub-tenant. Tenant is also informing the landlord of his/her reserving of legal rights and remedies, should the landlord continue to prevent a lease assignment.


A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant, unless the landlord agrees to release the tenant from liability.


Generally, to evict a roommate, you must be the original tenant (or the one who has signed a lease or rental agreement with the landlord), and the roommate you want to evict must be your landlord's subtenant. A subtenant is usually someone who is renting part of your place from you and paying rent to you instead of your landlord. In this relationship, you are the "landlord" and your roommate is your "tenant."


A tenant acting in the capacity of a landlord who resides in the same rental unit with his or her subtenant may be able to evict said subtenant without just cause, as required under some local landlord-tenant laws, which vary by locality. Depending on local law, a master tenant must give written notice to the subtenant a certain number of says in advance of eviction. If the subtenant doesn't leave, it may be necessary to file an unlawful detainer lawsuit.


Under some local laws, a tenant who subleases his or her rental unit may charge no more rent upon initial occupancy of the subtenants than that rent which the tenant is currently paying to the landlord. In other words, a master tenant cannot profit off of their landlord's property.

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FAQ

Illinois tenants are generally allowed to sublet, unless their lease specifically prohibits it. But in Chicago, subletting is always legalno matter what the lease says.

If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.

Why Is Subletting Not Allowed At Some Properties? The most common reason for not allowing subletting at a property is the increased risk of financial loss, property damage, or misleading tenants. Adding more tenants or switching tenants through a sublease during a tenancy adds work and risk for the landlord.

But in Chicago, subletting is always legalno matter what the lease says. A sublet (or sublease, as it's also called) is an agreement where a current tenant rents out their apartment to another person, who becomes their subtenant. Across most of Illinois, a tenant's right to sublet depends heavily on their lease.

If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.

While tenants cannot unreasonably deny access to a landlord, landlords must also follow all of the state and local rules regarding access to tenants' apartments. Roughly half of states have rules governing landlord entry into tenants' apartments.

Step 1: make a formal complaint. You can make a formal complaint by writing a letter to your landlord. Step 2: complain to your local council. If making a formal complaint to your landlord doesn't solve your problem you might be able to complain to your local council.

A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant.The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant.

Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.

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