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Roommate Leaving Roomate

Discussion in 'Roomate & Joint Leases' started by Abby09, Jan 12, 2016.

  1. Abby09

    Abby09 Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    I am in the state of IL. My roommate has requested to move out. My landlord agreed only if she pays her half of this current month. He stated he would give her a "Release of lease" and then I would sign a new lease by myself. How long do I have to make her get her things out after I sign the new lease? Can I move her things if she doesn't come get them in a period of time?
     
  2. army judge

    army judge Super Moderator

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    I suggest you discuss the matter with the other party.
    Try to reach an agreement.
    Otherwise, speak to the landlord and see if he or she can help.
    You really don't want to involve the courts or the law in this.
     
  3. Abby09

    Abby09 Law Topic Starter New Member

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    Right. I understand. There's no talking with her though. Is there anything I can do? Like write a statement of how much time she has to get her things?

     
  4. army judge

    army judge Super Moderator

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    Only a judge can order people to do something or refrain from doing something.

    No, there is NO piece of paper you can author and give to her commanding her to do a darn thing.

    If she leaves and her property remains, MN law requires you to do this:

    Under Minn. Stat. §504B.271, if a tenant abandons rented premises and leaves property
    behind, the landlord must care for the property for 28 days; during the 28 days, the landlord must return the property to the tenant upon request. Failure to do so would be criminal theft for retaining property without claim of right.
    Sec. 504B.271 also provides the tenant civil remedies.

    A bailment is created, and you must exercise extraordinary care, lest she can sue you for the property.

    A landlord is civilly liable for damages to property for failure to care for the property in a
    reasonable manner. Also, if the landlord acts too quickly and removes a tenant's personal
    property before the sheriff's move out, the landlord is guilty of a lockout and subject to criminal and civil penalties

    Again, I urge you to discuss the matter any property she left behind with your landlord IMMEDIATELY, as in within the next hour or two!!!!
     

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