Subleasing rules (Chicago: sublease, apartment, renters)

[bettedaviseyes]

I'm moving to Chicago from Los Angeles next week, and have a question about subleasing. I found a great apartment in Lakeview and the current tenant and I drew up a contract with a lawyer, without involving her landlord.

The apartment will stay in her name, and I will move in and make the payments until the lease expires. We did this because my credit isn't the best and I was afraid that I wouldn't be approved for a nice apt. - I am going to take the time until the lease expires to clean up my credit, pay past debts, etc.

She really needed to move out of the city, and I really needed a nice, safe place to live, so this plan sounds good to us. Is this arrangment legal in Chicago? Isn't this what the term "subleasing" really means, anyway? Everything else I saw under "subleasing" on Craigslist looked like actual lease take-overs.

I am scared I am going to get kicked out, but she assured me that the landlord doesn't even live in the building and no one will care. Will they care when the rent payments come from me? Thanks in advance for your advice!

[Avengerfire]

Perhaps you should have your own lawyer involved.

[jessiegirl_98]

Her lease should specify the limitations for subleasing. Every apartment I've been in requires landlord consent.

[chet everett]

jessiegirl is correct -- the landlord consent ought to be easy to get, no one wants to have their primary tenant leave the place vacant. It can be tough to find renters in winter. If you have a job and appear responsible the landlord will probably be fine with the arrangement -- though they'd be wise to keep the primary tenant responsible for any rent you miss.

[aragx6]

What you are doing is almost certainly illegal. Who is this lawyer she is working with that didn't ask to see her lease??

[frogcollector3]

Originally Posted by aragx6

What you are doing is almost certainly illegal. Who is this lawyer she is working with that didn't ask to see her lease??

For sure.... Never do this without the landlords consent. You don't know what the lease says about sub-leasing. They very likey have a clause that forbids it. My rental agreements definately do..

[snoylekim]

Er, I don't believe one can specifically forbid subleases under the City of Chicago Landlord- Tenant Ordinance. .but, it doesn't write the landlord out of the picture either.. As I recall, they do have a say in it .. to the original poster, review whatever 'contract' they drew up w/o 'involving the landlord' .. at some point, they are involved .. Subleasing is a pretty common practice in some Chicago neighborhoods and the landlords or management companies know how to deal with it under the ordinance