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Old 11-24-2008, 10:35 PM
 
Location: Los Angeles
62 posts, read 182,452 times
Reputation: 55

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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!
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Old 11-24-2008, 10:39 PM
 
Location: Chicago
15,586 posts, read 27,609,770 times
Reputation: 1761
Perhaps you should have your own lawyer involved.
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Old 11-24-2008, 10:49 PM
 
Location: Chicago
2,467 posts, read 12,246,919 times
Reputation: 897
Her lease should specify the limitations for subleasing. Every apartment I've been in requires landlord consent.
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Old 11-25-2008, 05:21 AM
 
28,455 posts, read 85,370,617 times
Reputation: 18728
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.
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Old 11-25-2008, 01:05 PM
 
Location: Tower Grove East, St. Louis, MO
12,063 posts, read 31,621,105 times
Reputation: 3799
What you are doing is almost certainly illegal. Who is this lawyer she is working with that didn't ask to see her lease??
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Old 11-30-2008, 09:15 AM
 
Location: Greenville Cty, SC
32 posts, read 178,060 times
Reputation: 24
Quote:
Originally Posted by aragx6 View Post
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..
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Old 11-30-2008, 12:48 PM
 
968 posts, read 2,665,690 times
Reputation: 431
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
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