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Questions Answered by Swati S. Desai
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Does my landlord have to answer my questions pertaining to our agreement?
Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

You would be better served by taking your questions to an attorney, who is obligated to answer questions in your best interest, rather than asking a landlord who does not wish to provide answers.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I rented 2-br appartment by myself and now would like to add 1 roommate, but my landlord does not want to hear about it

Hello,

I rented two bedroom appartment by myself and now would like to add one roommate. However my landlord does not even want to hear about it. Anything I can do about it?

The place is in Wheeling, IL. And apartment is just the second floor in the family house. My landlord does... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Whether you can do it or not depends on the language in your lease. Take it to an attorney for a professional review.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Illinois on
Q: Are Emails and text exchange allowable as evidence in small claims court.

My X landlord will not return my full deposit. He has made false claims ie.

1. Floor repair covered by insurance. I have copy of receipt signed by landlord. Want to charge me $125 to clean house after repair.

2. Clean common areas, even though 3 other tenants occupied which include... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Yes, emails (and text messages) are allowed as evidence in small claims court.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have an eviction judgment dated back to 2014. I just found out. How long can the case earn interest and how much?

my landlord kept my deposit and is not giving me credit for it

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

You should see an attorney. The judgment is probably adversely affecting your credit score. You will want to get it removed and get credit for the security deposit your landlord kept.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can my rental company push a new move out policy, after i signed the my rental agreement?

I signed a rental agreement on January 1st of 2016, this agreement also had a move out policy that made no mention of a monetary fee to move out. Last week when i informed the rental company i was not renewing my lease they told me that the HOA of my building had passed a new move in/out policy.... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

This depends on the language in your lease. Take it with you when you go see an attorney.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: If my roommate didn't pay rent for 3 months is the burden of proof on him or I court?

I signed a one year lease for a three bedroom townhome. Two months after I moved in I decided to get a roommate to help with rent and also to help him out. My landlord was fine with this and said to draw up our own separate agreement as I was still responsible for paying the rent to her every... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Bring the lease and roommate agreement to an attorney. A lot depends on the language in those documents.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: can a landlord charge me 600 to replace a fridge. it still work but a burn mark was inside fridge plastic
Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Depends on the lease and whether you damaged the fridge.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is there another alternative to having an attorney in an eviction case if I am not the property owner? POA?

The 4 eviction cases were continued 2 weeks because I did not have an attorney.

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

You should probably try to hire an attorney ASAP and bring the case information with you.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord delays repairs, which end up costing me money. Any recourse when repair/deduct clause doesn't apply?

My landlord does repairs himself or his cousin. They have full time jobs, so we have to wait until they have time/money. When the heat broke he claimed no company was available to come out and wanted us to wait for his off day to come fix it, 3 days later. My husband found someone with no problem... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

You need to see an attorney.

Keep all proof of the repair situation at your property (letters, pictures, emails, texts), and bring that to the lawyer along with a copy of the lease.

If you do not have hot water, heat or plumbing, you can contact the health department and file a...
Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Do my grandparents need an eviction notice been living with them for 4 months. Not on the lease and didn't pay rent.

I'm 18 years old. I moved in with my great grandparents November 20th 2016. I've been staying with them since then taking care of them. I'm not on the lease and they said I didn't have to pay rent. This Monday of February my mom had came over with an eviction notice wanting me to sign it. I told... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

A lot depends on whether there is an order or protection or restraining order against you. Generally, in order to evict someone in the State of Illinois, you need to go through the court. You would benefit from speaking with an attorney about your individual situation. Bring a copy of the police... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Does a landlord have to prove he gave a five day eviction notice?

I'm in Illinois, we have not had hot water for 4 months and the landlord refuses to fix it. I hired a plumber (who was unable to fix it, so still no hot water) myself and took that amount off our most recent rent. The landlord did not like that and filed to have us evicted. I spoke with a lawyer... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Yes, he does.

Make sure you do not skip any court dates and go talk to the judge yourself (or, better yet, hire an attorney to represent you).

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord raised my rent a year ago.She said she was doing this to everybody in the building.But she only did it to me

I found out this after asking other tenants in the building without even saying anything about my situation. I know how much there rent was already because Iv been living in the building the longest. And when I asked it was the same as her asking price when I moved in . Yet my rent was raised..... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

It depends on your lease and the reason for the rent increase.

I would recommend you see an attorney and have her review your lease to see if you have a cause of action.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a sue a ex tenant in small claims court that owes me three months of rent and part of the water bill?

There is a lot more to the story. There was no lease. I have watched enough court shows to know this means it is month to month. She stopped payment on a rent check, refused to pay April's rent and then moved out sometime in May without notice. If she would have paid the two month so owed me I... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

From your description of the situation, it seems that you do have grounds for a lawsuit.

You may benefit from "a la carte" or "unbundled" legal services, in which you hire an attorney to draft a letter on your behalf and hope that that scares the other party into compliance.

If that...
Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: We have been living in this house for about 2 years. We had a lease the first year in May 2015 and have not renewed.

My labdlord texted me that she has to move out of her house because she is unable to afford the property taxes and bills for her current home. We spoke to her in person on February 26th 2017 about what all we would owe and figure out when we have to be out. She states that she has to have alot of... Read more »

Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

In the State of Illinois, the only legal method of eviction is through legal process.

There is no such thing as a "self help" eviction in this state - your landlord cannot legally change the locks or drag your possessions to the curb.

This is true whether you have a lease or not.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: Can a landlord in Illinois deny your application because he/she THINKS others will be occupying the apartment with you?
Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

A landlord can deny your application for a number of reasons, as long as the reasons are not a protected class (eg. race, religion, sex, age, national origin, etc.)

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: Without a lease can a landlord tell you who can stay at the residence?
Swati S. Desai
Swati S. Desai answered on Mar 4, 2017

Short answer - no.

Long answer - without a lease, no one can really say.

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