If my roommate had to leave state and found sublet but they are awful, can I evict them?

UPDATED: Jan 19, 2012

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If my roommate had to leave state and found sublet but they are awful, can I evict them?

Myself and 2 other people moved in to an apartment together and all signed the lease. One roommate had to move out and found a sublet who we (the remaining 2) agreed was OK. The sublet is now behaving erratically and is needlessly confrontational about things. They’ve become a nuisance in the house. We 2 roommates didn’t know this about the sublet until after they moved in. Basically we want to know if there’s any legal way we can kick the new sublet out?

Asked on January 19, 2012 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you and your other initial roommate have a roommate agreement between you three setting forth conditions and approvals of any sub-tenant by ony one of you, it seems as though that you and the other initial roommate have no legal recourse against the sub-tenant despite the fact that things are not going too well with him or her.

Meaning, you cannot evict the sub-tenant or kick out the new sub-tenant on your own legally. One option is for the one roommate who entered into the sub-lease to possibly give his or her sub-tenant a written notice of termination of the sub-tenancy if allowed under any written sub-lease. This suggestion might assist in the situation.

Another option is possibly for the challenging sub-tenant to give notice to your former roommate of the ending of the sub-tenancy.

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