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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33768
Experience:  15 years real estate, Realtor. Landlord 26 years
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This is of Illinois. We have a lease renewal apartment due

Customer Question

This is for state of Illinois. We have a lease renewal for our apartment due October 15. My son is not available to sign the lease renewal as he is away at college. He was on the original lease as he is 20. What are the alternatives, can he not be on the lease renewal? Or if he has to be on it, can he sign it electronically and have the pages faxed or scanned emailed to the lease management company? They are acting like he has to be in there in person.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is this for your personal lease for your apartment, or a lease for son's apartment?

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If this is for your apartment, why was son an original signer on it?

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Are they refusing to renew the lease unless your son signs as a co-signer?

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thanks

Barrister

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Customer: replied 1 year ago.
It is my husbands and my apartment. My son was on original lease because he was an adult age 18 when we moved in, he was living with us and I guess Illinois requires 18 and up to be leaseholders. Yes, they said he must sign the renewal.
Expert:  Barrister replied 1 year ago.

Ok, then this is purely the landlord's rule as there is no law in IL that says that everyone over 18 living in a dwelling has to be on the lease. They might require them to be listed as an occupant if they are living there, but that doesn't require a signature unless they want to make everyone liable for the rent in the event of a default.

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The landlord likely just wanted everyone on the hook for the rent in case you moved out and left son living there himself.

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But with that said, this is entirely up to the landlord as to whether they will agree to renew the lease with only you and husband being the legal tenants on the lease. I find it kind of unusual that the landlord would require son to actually co-sign on the lease if he was living elsewhere during the school year unless your and husband's credit is not very high or you have previous evictions on your civil record..

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So I would simply tell the landlord that son was living elsewhere and wasn't going to be a co-signer on the lease and see if they will agree to forego having him co-sign.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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