How can I make my subletter leave who has not paid rent and did not sign any contract?

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How can I make my subletter leave who has not paid rent and did not sign any contract?

I am a college student who is living abroad for the semester and I got a subletter for while I am gone. He never signed a contract and all of our communication has been through email. It has been 2 months now and he still hasn’t paid any rent and is now not responding to my emails and calls. What can I do to make him leave the apartment since I am not in the US?

Asked on September 28, 2011 under Real Estate Law, Illinois

Answers:

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

Answered 12 years ago | Contributor

You have a whole lot of issues going on here but what jumps out from this question clearly is that you have probably violated your lease agreement, and that the landlord is going to come after you for it.  You can have an oral month to month tenancy agreement.  So I think that it may be best for you to give some one state side your POA and to have them "evict" the tenant on your behalf.  Otherwise, call your landlord and explain the situation - it will not be met well and it could result in your being evicted so be careful here. I see no other way for you to deal with it while you are abroad (other than hiring an attorney but that can get expensive, although you may need it for the eviction to be done properly).  Good luck.  Lesson learned.


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