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    torarson54's Avatar
    torarson54 Posts: 1, Reputation: 1
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    #1

    Sep 1, 2008, 06:31 PM
    Subletter has failed to pay money owed, now what?
    I have just graduated from college in Evanston, Il, and unfortunately my subletter (a student from a different college) has failed to pay me the money she owes me for 2 month's rent. I am racked with student loans and have no money to hire a lawyer for help to get the money owed to me, please help.

    The arrangement was 600 a month for each month, and I have the agreement and the dates saved in emails between me and the girl sublettng my room from me. I also have a signed document my landlord requires all subletters to sign, but it basically just says she has read the lease and is willing to abide by the rules of the house.

    The first month's rent check apparently "got lost" in the mail, as did second which got "returned to sender" to her father, who lives in London. Her father then got in contact with me by email, promising to deposit the money into my bank account, but for three weeks he had promised it would go through, and then each week he delayed it to another week, once more promising that it would go through but saying it was tricky because he is located in London. The months were July and August, so clearly at this point the money is very very late.

    The girl subletting and I have mutual friends, and I have spoken to her on the phone several times. We met on Facebook when she responded to a sublet ad I placed for my room.

    Now the father is failing to respond to my emails at all about updates to the 1200 dollars he/his daughter owe. What do I do next? What are my rights? Do I have any? Please help me, I really need this money.
    john1127's Avatar
    john1127 Posts: 2, Reputation: 1
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    #2

    Sep 1, 2008, 06:40 PM
    You are the sublessor. Everyone (sublessee) always has an excuse for not paying. I would write her a "demand letter" telling her to pay within a certain time and send it by registered mail. If she fails to pay and she will, give her a 3 day notice to pay or quit and then evict her. You can check online for how to do the unlawful detainer (eviction). I would recommend an attorney, say $600 charge. Totally unaffected with what your "sublessee" does, you are on the hook for the rent.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Sep 1, 2008, 08:03 PM
    Don't bother sending her any "demand letters". Instead, send her an eviction notice. In the notice you give her 5 days to pay all amounts due or vacate the premises. You send the notice by certified mail, return receipt requested. If she hasn't paid or moved out within those 5 days then you file a lawsuit for eviction.

    You can see a sample 5 day notice for Illinois at Illinois Pro Bono | Typical Landlord's 5 Day Eviction Notice
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Sep 2, 2008, 10:52 AM
    Quote Originally Posted by LisaB4657
    Don't bother sending her any "demand letters". Instead, send her an eviction notice. In the notice you give her 5 days to pay all amounts due or vacate the premises. You send the notice by certified mail, return receipt requested. If she hasn't paid or moved out within those 5 days then you file a lawsuit for eviction.

    You can see a sample 5 day notice for Illinois at Illinois Pro Bono | Typical Landlord's 5 Day Eviction Notice
    I 100% agree. I just wanted to add that along with the judgement for her to vacate the premesis, you'll also be able to sue, and get a judgement for the back rent that she owes you as of the court date. You'll still have to attempt to collect on it, but you'll at least have the judgement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 2, 2008, 10:58 AM
    Her father is not the lessor, she is. Your dealings are with her. So give her the notice and sue her for the amount owed. You can sue in small claims court and you won't need an attorney.

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