Carol Stream, IL asked in Landlord - Tenant for Illinois

Q: If my roommate didn't pay rent for 3 months is the burden of proof on him or I court?

I signed a one year lease for a three bedroom townhome. Two months after I moved in I decided to get a roommate to help with rent and also to help him out. My landlord was fine with this and said to draw up our own separate agreement as I was still responsible for paying the rent to her every month. So we drew up a very professional roommate agreement, pretty much just like a lease but between me and him which we both signed. The first 4 months he paid rent to me on time every month. He paid me cash and I took his cash plus my cash and purchased a money order for rent every month. I did not give him receipts as we were good friends and he never requested one but I did write the date and amount paid every time on the back of the hard copy of our roommate lease agreement. Then he lost his job and everything went to hell. He was out of work for 4 months and did not pay then moved out. If I sue him in IL who has the burden of proof regarding whether he paid or not? He says I can't prove it

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1 Lawyer Answer
Swati S. Desai
Swati S. Desai
  • Landlord Tenant Lawyer
  • Lincolnshire, IL
  • Licensed in Illinois

A: Bring the lease and roommate agreement to an attorney. A lot depends on the language in those documents.

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