Elk Grove Village, IL asked in Landlord - Tenant, Gov & Administrative Law, Civil Litigation and Real Estate Law for Illinois

Q: Landlord falsely accuses us, demands retro pay; need advice on steps to dispute.

My current landlord has falsely accused my wife and me of behaviors under clause 24 CFR 982.552(c) related to our former landlord, impacting our rental agreement and reputation. Despite providing proof that I reported my income change 10 days after employment through email, my landlord did not respond or provide the necessary forms for over two months. Her assistant eventually directed us to incorrect forms. Now, the landlord demands $5,394 for retro pay after pulling off the PBV project-based voucher, insisting payment by April 24, 2025, to avoid eviction and collection agency involvement. At an informal hearing, she falsely claimed she emailed us the forms, which we disproved with emails. We are concerned that paying implies guilt, leading to full market rent and vacating in six months. We haven't disputed the claims yet but seek legal advice. What steps should we take?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re facing a tough situation, and it’s important to act carefully to protect your rights. Since you’ve already provided proof that you reported your income change, the first thing you should do is gather all documentation that shows you followed the proper steps, such as email correspondence with your landlord. This will help show that the landlord’s claims are false and that you acted in good faith.

Next, you should formally dispute the demand for retro pay. Send a written letter to your landlord, clearly stating that the claim for retroactive rent is inaccurate, and include the evidence you’ve gathered. You should also request a formal hearing or meeting to resolve the matter if the landlord is not willing to reconsider the demand.

Given the risk of eviction and the threat of paying full market rent, it’s important to consult with a lawyer who handles landlord-tenant disputes, particularly those involving Section 8 and rental assistance programs. An attorney can help you navigate the situation and ensure that your rights are protected, especially if the landlord has been non-compliant with the necessary forms or misrepresented the facts. Keep everything documented, and be sure to respond in writing to avoid any misunderstandings.

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