Can i be sued for rent if i never signed a lease?

Question

My friend told me i could sublease from her but never made me signed the lease. i only stayed there for a month and a half. she said she would pay for august and when september came around the place she was leasing from would not take money from me cause i was living there illegally. now she is trying to sue me for $800.00. i live in illinois. what should i do?

Answer 1

You should be fine.
All contracts regarding real estate are generally covered by "statute of frauds". The statute requires certain contracts to be in writing, in particular all contracts about real estate must be in writing.

Google your states statutes, find the statute of frauds, when you go to court tell the judge that the statute of frauds applies to claim making the contract invalid.

Answer 2

You should consult a lawyer in your area. Generally, a rental agreement is enforceable, whether is it in writing or not. Generally subleases are not illegal (however, your location may have specific laws that prohibit subleases), but they may be prohibited by the underlying lease agreement. Generally, a lease agreement that prohibits subleases does not necessarily void a sublease agreement, but it may provide a defense for breach of contract of the sublease. Of course, if subleases are prohibited by law, then the contract is void and unenforceable.

In Addition:

Another answerer has suggested that your agreement would fall under the statute of frauds. Nothing personal against that answerer, but that answer is completely wrong. The statute of frauds, although codified in some form or another in many states, is a common law principle that applies to contracts for the transfer of real property, or other contracts that cannot be performed within one year. A rental agreement does not fall under either of these catagories, unless it is for more than one year. If a person agrees to rent or sublease an apartment, title does not transfer. A rental agreement only provides a right of access and quite enjoyment, not ownership. You may have several defenses available, but statute of frauds is not one of them.

Good luck!

Answer 3

Ouch. There goes a friendship.
First of all, I have never known a landlord who would not accept monetary payment in any shape or form. If the landlord did not know you were living there and you gave some money as payment, All landlords will take the money and chastise you severely and make you sign the necessary papers AFTER.
As for what to do, do the right thing. If a friend helped you out, help her out. What comes around goes around.
You do not have to go through lawsuits and all of that.
Work the problem between the two of you, draft up a document and make her sign it.

Answer 4

I would just go with it and bring any and all paper work or witnesses that you may have to court with you.

Answer 5

I would get a lawyer becaause if you dont you could be in serious trouble