My boyfriend and I rent a house. I had to file an Order of Protection against him. Can I only pay my half of rent?

My ex-boyfriend and I rent a home together. We each pay half of the rent. Since he is not allowed within 500 feet of me, he is not living here, although his belongings are still here. I live in Illinois, and don't know the laws. Am I required to pay the full $1000.00 rent? The Lease doesn't cover this type of thing. I live in a small town, and the Lease is kind of generic. Can you please help me? Thank You!

25 Answers

  • B
    Lv 7
    1 month ago

    talk with the landlord immediately about the situation, and I'm sure the landlord will want the full rent (that's his livelihood), so consider breaking the lease and moving!

  • 1 month ago

    No, full rent must be paid on the due date.

  • 1 month ago

    The lease will require the rent to be paid in full; generally everyone on the lease is equally liable for the full rent.

    So basically - the rent will need to be paid, in full, by one or both of you; or you'll get evicted.

    If your boyfriend is unable to live in the flat, I'd suggest you speak to your landlord.

  • 1 month ago

    Yes, you are required to pay the full rent. Unless a rental agreement specifically states that a specific tenant is responsible for a specific amount, the law is that all tenants are jointly and severally liable for the full amount. This does NOT have to be written into the lease, because the law does not require written rental agreements (unless they are for one year or longer).

    You are liable for 100% if he doesn't pay his share. He is liable for 100% if you don't pay your share. If neither of you pay, the landlord can sue both of you and can obtain money judgments against you, with a judge deciding how to split the 100% between you.

    You can sue your ex for his share. How the protection order affects this is up to Illinois law. It is every tenant's responsibility to understand the landlord/tenant law for their state.

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  • Anonymous
    1 month ago

    You would be responsible for the entire rent, but you may be able to get out of your lease early. You need to consult an attorney. Maybe you could get a free one through a domestic abuse agency.

    • john
      Lv 4
      1 month agoReport

      You don't need a domestic abuse agency. Just call your County's Lawyer Referral Service and you can get info. for a nominal fee.

  • 1 month ago

    while the rent is due for LL, many states have Laws which will allow you terminate the lease early without penalty when DV is involved

    • Paul1 month agoReport

      Please at least read the statute before you link it so you know what it says. The law you cited but didn't read talked about providing a defense for non-payment of rent if the tenant moves out because of fear of domestic violence. The tenant still lives in the freaking apartment, Sherlock.

  • Judy
    Lv 7
    1 month ago

    The landlord is owed the full rent. Either pay the full $1000, get your ex to pay half of it (real unlikely to happen), or break the lease and move. You'll owe some sort of penalty for breaking the lease..

  • Anonymous
    1 month ago

    Sorry but the full rent is due.

    You should reach to your local DV advocacy groups they may help you with your rent and utilities.🌷

  • 1 month ago

    If the rent isn't paid in full then the landlord will evict you.

  • 1 month ago

    That's an absurd assumption. Your landlord does not care about your domestic issue and your lease has a clause "Jointly and Separately" meaning they don't care where they get the long as someone pays it (that's not exactly what its about...but its applicable).

    Let me put it this way for you...he could die and you still owe the full rent....period.

    Sorry, that's just the way rentals work.

    I'm not trying to belittle your situation, Orders of Protection are no joke in most cases...sorry for whatever you went through. However, that doesn't change your housing situation...

    I would speak with the landlord and see if they might let you out early. You would have the ability in most instances to break the lease, especially with an Order of Protection against your that an option? There is no way the landlord will just let you stay for half of the rent though.

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