Ifthelease was in my roommate’s name and he got evicted, doI have to move?

My roommate was evicted today. He was the only name on his lease and on any of the papers that were served for court. My name did not appear on anything. Do I have to move or does my landlord have to evict me separately because I am over 18 and have my own verbal month-to-month contract with him?

Asked on October 17, 2011 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Verbal mouth to mouth contract with who?  The landlord or your room mate? If you had a lease with your room mate then it is gone and you are a squatter.  The landlord will now have to evict you or maybe have you arrested for trespass. If you had a verbal month to month lease with your landlord and he did not evict you or serve you with a 30 day notice to vacate then the lease remains in existence and you should continue to pay the rent to the landlord as agreed.  I am leaning toward the lease with the landlord here correct?  So then you do not have to move if you have not been evicted.  And it appears that you have not.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have your own oral month-to-month agreement with your landlord for the rental that you are occupying and the eviction proceeding was solely as to your former roommate (meaning, you were not served with the notice of eviction) and the eviction did not pertain to you, then you do not have to vacate the premises that you are occupying.

In order to confirm this, I recommend that you contact your landlord about what you are writing about and follow up your telephone conversation with a letter memorializing the conversation keeping a copy of it for future reference.

If you are current on your rental, there should be no reason to be concerned that you will be evicted.

Good luck.


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