Asked in Civil Litigation and Landlord - Tenant for Illinois

Q: Last year I shared an apartment with 3 roommates where we are all on the same lease. Well the carpet got ruined

Last year I shared an apartment with 3 roommates where we are all on the same lease. Well the carpet got ruined because of an illegal dog that my roommate had. So the landlord had to replace the carpet at a cost of $4000 over our security deposit. One of my roommates decided to contact a lawyer in his family who sent an email to our landlord asking for specific document and bargaining for a reduced cost. The 30 days to pay went by and I was told not to worry because the landlord couldn't proceed without a response. Well no she is suing us for the costs. What are my options?

1 Lawyer Answer
Robert D. Kreisman
PREMIUM
Answered

A: I would recommend that you consult with a lawyer who specializes in the practice of landlord tenant matters. From the facts given, you would probably be advised that not only would you deny liability in your answer to the complaint, but you would file cross-claims against your roommates for contribution or to assess the entire cost of the rug on the roommate responsible. That doesn't necessarily mean you get off. Because of what must be laid out in your lease, damages to the rented property becomes the responsibility of all of you. Many lawyers who practice in this area will file a jury demand when they file their appearance. You may ask about that tactic when you hire your lawyer to help.

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