What are my legal options to remove a subtenant who repeatedly breaks our lease?
Dolan Williams
LawyerGot it. 1. You can issue a 5-day notice to pay rent or quit; 2. You can state the date that it was due and then state that it hasn't bee paid; 3. You can use this template - https://www.contractscounsel.com/t/document-form-checkout/267 4. So I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door. 5. If they refuse you can bein eviction proceedings even if you aren't the owner.
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I would like to terminate a sublease agreement where I believe the subleasing party has broken the terms of our agreement over multiple months, but refuse to leave and allow me to find someone else. Could you help me review my contract and see what my options are?
Completed the intake form and uploaded the agreement I've sent her that she agreed to. She never sent me a signed copy in return but has used it and referenced it in our negotiations.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: If I can clarify what is it they failed to do that they promised to do originally?
Hi Dolan, thanks for getting back to me! They had promised to pay rent within the time-frame, outlined in the agreement, which is 7 days or less every month. Here is the exact wording: 4. Rent and Payment Terms (a) Rent Amount: Sublessee agrees to pay Sublessor rent in the amount of $****.** (One Thousand Three Hundred Fifty Dollars) per month. (b) Due Date: Rent shall be paid in full on or before the 1st day of each month without demand. (c) Late Payments: If the monthly rent is not received by the Sublessor within 7 days of the due date, it will be considered late. Sublessor reserves the right to terminate this Agreement and require Sublessee to vacate the Premises immediately for nonpayment, as allowed by applicable law. (d) Form of Payment: All rent payments shall be made by check, money order, or another payment method agreed upon by both parties. They have failed to pay rent on time 4 of the 5 months they've been in the apartment so far, each time telling me a time and day they would pay me and then ignoring communicating or giving me another reason why they have to push the day back. I also have text communications of them agreeing to leave if they dont pay on time the next month or by a certain day, after which they don't leave.
Ok got it. What state is this in again? Are they late for this month?
This is is Illinois, and they are late this month. I haven't received payment for April.
Got it. 1. You can issue a 5-day notice to pay rent or quit; 2. You can state the date that it was due and then state that it hasn't bee paid; 3. You can use this template - https://www.contractscounsel.com/t/document-form-checkout/267 4. So I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door. 5. If they refuse you can bein eviction proceedings even if you aren't the owner.
Thank you very much, i appreciate the template. I will follow up with any additional questions as I begin to communicate with my landlord about the process.
You got it, sir!
Hi Dolan, how would I start a new expert legal chat project regarding cases like personal financial counseling and immigration?
Hello! You actually don't need to start a new one - Did you have a follow-up question for me?
I'd like to look at my options for taking care of my credit card debt. I have about $**,*** in credit card debt and am making minimum payments, but I would like to know what the implications of bankruptcy vs debt consolidation will be. For revenues and assets, I only make about $*,***/mo at the moment and have a $*,*** car as an asset. I have vastly more debt, including my student loans that I haven't begun to pay.
Thanks for laying all that out, [Customer Name Redacted]. You’re definitely not alone in dealing with this kind of situation. There are options, and it's smart that you're asking about the implications of each route. Here's a breakdown of your main paths forward based on the facts you gave: 1. Bankruptcy - Chapter 7 might be an option for you, especially given your low income and lack of major assets. It's a liquidation bankruptcy, which means: You could wipe out most (if not all) of your credit card debt. You’d keep your car, especially if it’s only worth $*,*** and you need it for work (since it’s likely exempt under most state laws). Your student loans likely won’t be discharged (they’re only dischargeable in extreme hardship cases), but freeing yourself from credit card debt can make room to eventually deal with those. You’d stop collections immediately with the automatic stay. The hit to your credit is real (it’ll stay on your report for 10 years), but your score may rebound faster than you'd think, especially if it's already low.
Chapter 13 is more of a structured repayment plan over 3–5 years. Based on your income ($*,***/mo) and limited assets, it might be less ideal unless you're trying to protect property (which doesn’t sound like a big concern here). Your credit card balances could be reduced and bundled into a payment plan. Student loans also don’t go away here, but you may be able to pause payments on them during the plan.
If you're leaning toward bankruptcy, Chapter 7 seems like the more realistic fit unless you’ve had a recent bankruptcy or don’t qualify based on the means test
2. Debt Consolidation - Debt consolidation involves rolling your credit card balances into a single loan or using a credit counseling program to manage them. Basically, if your credit score is decent, you could try to qualify for a personal loan with a lower interest rate than your current cards. You’d use that loan to pay off the cards and then just have one fixed monthly payment. Or, if your credit score is lower, a debt management plan with a credit counseling agency might help. They’d negotiate lower interest rates and lump all your payments into one monthly payment, which they’d distribute to creditors. The downside: These plans won’t wipe out any debt. They also won’t help with student loans, and if your income feels stretched already, even the consolidated payment might still feel tight. Plus, debt consolidation doesn’t protect you from lawsuits or collections the way bankruptcy does.
3. Settling Debts Yourself - You could try negotiating directly with creditors to settle your debts for less than the full amount. This usually works best if your accounts are already delinquent. Creditors might agree to take 30-50% of the balance in a lump sum, you’ll need some cash to make this happen, you could get hit with a tax bill for the forgiven amount (the IRS treats canceled debt as income), and this will also impact your credit, though possibly not as severely as bankruptcy.
4. Student Loan - You haven’t started paying these yet, and depending on the type of loans, you might be eligible for an income-driven repayment plan (if you aren't aware of it already) that could reduce your payment to as low as $0/month based on your income. It's a separate issue, but worth getting sorted out so you can keep them in good standing.
Thank you very much for the breakdown. I'd like to look into Chapter 7 bankruptcy. What are the requirements and how could I best position myself here? What would having this on my record for 10 years prevent me from doing?
Sure thing First off, the main requirement for Chapter 7 is passing what's called the means test. It’s basically a way to figure out if your income is low enough to qualify. Since you mentioned you make about $*,*** a month, you’re probably right in the range of qualifying, depending on where you live and how many people are in your household. You can use this link to see - https://www.debtfreeohio.com/chapter-7-means-test-calculator/ The means test also looks at your disposable income, basically what’s left over after you pay necessary monthly expenses like rent, utilities, food, transportation, and so on. If there’s not much left over (and it sounds like you're mostly covering basics), you’d likely qualify without too much trouble.
Aside from the income piece, you’ll also have to complete a credit counseling course (online, easy, takes about an hour) before you file. Then you’ll do a second financial management course before your discharge. There’s also paperwork, but a good bankruptcy attorney will handle that for you. You don’t need to have a bunch of assets to lose since your car’s only worth $*,***, chances are it’ll be protected by the state’s exemption rules, meaning you get to keep it. As far as the credit reporting for 10 years, it doesn’t mean you’re barred from living your life or even from rebuilding credit. In fact, a lot of people start getting credit card offers just a few months after their bankruptcy is discharged. It's crazy but true. The offers usually come with higher interest rates at first, but still, the doors to credit don't stay shut for long.
What having that record will impact most is big-picture borrowing. If you want to buy a house, you may need to wait two to four years before qualifying for a decent mortgage, depending on the loan type. For renting an apartment, some landlords might raise an eyebrow, but many don’t care as long as your current income and rental history check out. Getting a car loan is usually doable not long after bankruptcy, though you might face higher interest until you rebuild some credit. The big thing to keep in mind is that bankruptcy isn’t the end of the road because it’s a reset button. It stays on your record, yes, but the real damage comes from being stuck in debt and constantly behind. If you're already struggling to make minimum payments and it’s going nowhere, then you’re actually already in the credit doghouse. Bankruptcy just gets you out of the cage. The best way to position yourself now would be to stop using your credit cards entirely (if you haven’t already), avoid taking out any new loans or cash advances, and don’t do anything that looks like you’re trying to game the system. For example, don’t transfer balances, max out your cards, or move assets around in your name. That stuff can be flagged as “bad faith” or even fraud if you end up filing within the next few months. I'd recommend upsolve.org - they help you file for virutally nothing. It generates a petition for you.