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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Illinois on
Q: Can I call the police on residents in common areas near my door in Illinois, or is it a misuse of resources?

I live in a residential complex where some residents have mental health and memory issues. One resident, a young lady, frequently knocks on my door mistakenly thinking I'm someone else. Although I have raised this issue with the property manager, they advised me to ignore it since the resident... View More

James L. Arrasmith
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answered on Apr 16, 2025

It is not a misuse of resources to call the police if you genuinely feel unsafe or believe a situation has escalated to a point where intervention is needed. However, calling the police simply because residents are standing or talking in a common area—especially when no threat or criminal... View More

Q: Is it legal for police to evict without notice due to a water leak?

I live and work at a hotel in Illinois under a verbal agreement with the owner that I work three hours a day in exchange for my room. Any extra work is supposed to be paid in cash. Recently, the police showed up and said that everyone had to leave the building due to a water leak in another room. I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough situation, especially with such short notice and no written agreement. In Illinois, a verbal agreement still holds some weight, and while the hotel owner may have the right to end the arrangement, there are legal procedures that need to be followed before evicting... View More

Q: Legal action for nondisclosure of home issues?

Last fall, I purchased a home where the inspector was chosen by my agent, who had previously worked with him. After reviewing the inspection report, I raised concerns and wanted my own contractor to inspect the property, but this request was dismissed. I was advised to only focus on electrical and... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re asking a very important and practical question, especially when it comes to protecting your health and your finances after an accident. Since the other party’s insurance has accepted liability and you have a police report supporting your case, you have the right to seek medical... View More

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... View More

James L. Arrasmith
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answered on Apr 12, 2025

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... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Collections and Real Estate Law for Illinois on
Q: What should I do if falsely accused by landlord under 24 CFR 982.552(c)?

What steps should I take if my current landlord falsely accuses my wife and me of behaviors under clause 24 CFR 982.552(c) related to our former landlord, affecting our rental agreement and reputation, even though we never committed these actions? Our landlord communicated these accusations through... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is extremely stressful, especially when you’re being accused of something you didn’t do and face the threat of eviction and financial damage. Under 24 CFR 982.552(c), a housing authority can take action against tenants for fraud or failure to report income—but it must be based... View More

Q: How to address issues with my estate management board in Illinois regarding legal compliance and cost recovery?

I am the owner of an apartment building with 6 apartments in a housing estate located in Palatine, IL. The estate comprises 51 buildings, each owned by different individuals. The estate management board has not been adhering to relevant laws for over 10 years. Although I have overlooked some of... View More

James L. Arrasmith
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answered on Apr 12, 2025

You have a strong case for addressing the issues with the estate management board, especially if they are not complying with relevant laws and regulations. Start by reviewing the governing documents of the estate, such as the association’s bylaws and any applicable state or local laws that govern... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Illinois on
Q: Should a pro se defendant receive all documents in a civil eviction case?

As a pro se defendant in a civil eviction case, should I expect to receive every document related to my case? I have received some documents, but I'm concerned there might be specific ones missing. I have also communicated with the landlord or their attorney regarding document requests.

James L. Arrasmith
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answered on Apr 12, 2025

As a pro se defendant in an eviction case, you are entitled to receive all relevant documents related to the case. This includes any notices, motions, pleadings, and other paperwork filed by the landlord or their attorney. The landlord or their legal representative must provide you with copies of... View More

1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Illinois on
Q: Can I arrange wage garnishment without court judgment for unpaid rent in Illinois?

I am being taken to court by my previous landlord for unpaid rent. We had an agreement that is now null and void, and I don't recall any specific terms in the lease regarding this situation. My landlord has previously expressed a preference for resolving matters personally rather than going to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Illinois, wage garnishment requires a court judgment before it can be legally enforced. You cannot arrange for wage garnishment directly with your landlord without going through the court process. This means that if your landlord wants to collect the unpaid rent through garnishment, they must... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can landlord prove someone else lives with me after an inspection?

I received a lease violation notice after my landlord visited my apartment yesterday to check something and saw someone visiting. They called beforehand to ask permission to enter, but two hours later, they left a violation notice on my door. How can they prove someone else is living with me, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s important to know that your landlord cannot automatically prove someone is living with you based solely on a visit or observation during an inspection. For them to prove that someone is living with you, they would typically need additional evidence, such as the person’s belongings being... View More

1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Illinois on
Q: Tenant rights on landlord entry & emotional support animals in Illinois.

As a tenant, I am concerned about my rights regarding landlord entry and having an emotional support animal. My lease specifies that pets require landlord approval, but there are no specific terms concerning assistance animals. I haven't discussed this with my landlord yet, and I have possible... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Illinois, tenants have the right to have an emotional support animal (ESA) under the Fair Housing Act, even if the lease states that pets require approval. Emotional support animals are not considered pets under the law, and landlords cannot refuse them simply because they have a "no... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is forced eviction without notice legal in Illinois?

I have been living in a rental property in Kane County, Illinois, for almost three years, and I am current on my rent payments. Recently, my landlord forced me out of the property and moved my belongings to storage without providing any written communication or an eviction notice. Is it legal for... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 4, 2025

Eviction without notice is not legal in Illinois, although the type of notice may vary ion such a way that you were not aware of it. If you had abandoned the property, for example, notice can be provided by posting a notice on the property and be effective regardless of whether you have seen it.... View More

1 Answer | Asked in Divorce and Landlord - Tenant for Illinois on
Q: Can ex-spouse change locks and remove me before payout post-divorce?

My divorce was finalized last Thursday, and my ex-spouse was awarded the house. According to the agreement, she has until December to pay me off. We both still lived in the house, but she recently changed the locks, preventing me from getting in. The divorce decree doesn't specify any terms... View More

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2025

You need to take your papers to a local lawyer to have them reviewed. It depends on the exact language of the agreement. Did you have a lawyer? If not, it would not surprise me that it is written that way as it is your lawyer's responsibility to make certain that you are protected.

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Illinois on
Q: How to remove an abusive non-contributing boyfriend from owned house in IL?

How can my friend, who owns her house, legally remove her boyfriend who refuses to leave? He is mentally and emotionally abusive, does not have a lease or any written agreement, and does not contribute financially as he is unemployed. Although she previously sought legal advice, she was informed... View More

Cheryl Powell
Cheryl Powell
answered on Mar 2, 2025

She should contact a women's center and see if she qualifies for an Order of Protection. They can be found under Illinois Coalition Against Domestic Violence.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Illinois on
Q: gave tenant house and shed sits my land . moved shed to block my access had me trespased late rent can I terminate

He has more recently threatened ms and told me to not contact . He said he going to move a trailer and his mother onto my land without asking or permission

Anthony M. Avery
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answered on Dec 4, 2024

Hire a competent IL attorney to sue for possession only from all occupants now. Do not get in an argument with them or they will get you criminally charged and have leverage. Let your lawyer handle it and forget about collecting rent monies for awhile.

1 Answer | Asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois on
Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord... View More

James L. Arrasmith
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answered on Oct 13, 2024

In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Illinois on
Q: I live in section 8 housing income based. My landlord gives me nothing but problems and is so rude to me.

I've lived here 17yrs only been section 8 for a couple years before that I paid my rent. I'm just going through some hard times. I was recently charged 350$ for a storm door that the winds caught. My neighbor was only charged 150$ for her storm door. Same time frame. I had to sell a lot... View More

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry you're experiencing this situation. It's important to understand your rights as a Section 8 tenant. Start by reviewing your lease agreement and the Section 8 guidelines to ensure the charges your landlord is imposing are legitimate and within policy.

Reach out to...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Illinois on
Q: I live in Illinois and have a 17 year old daughter who hasn't been staying at my home since the end of June,

she comes to my home sticks something in between my door frame to pop my door lock to steal groceries and other things when I'm not home. She has all her stuff here and has been taking a little bit out at a time. She turns 18 in August since shes not living here her stuff is just here do I... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you're in a very difficult and stressful situation. When your daughter turns 18, she will be legally considered an adult. At that point, you can pack up her belongings and ask her to retrieve them without needing to go through a formal eviction process, especially if she... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: My landlord has not returned my security deposit for more than 45 days now and did not provide me with any estimates.

The landlord has not provided me with any receipts or estimates. Upon reminding her that its been 45 days she says i owe her money instead and refused to give back security deposit. What do i do?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it appears you're dealing with a potential violation of Illinois landlord-tenant law regarding security deposits. Here's what you should know and consider doing:

1. Illinois Law:

In Chicago, landlords are required to return security...
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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
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answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My roommate left me the apartment. My name is not on the lease. Do I have to move out? I'm in Illinois.
James L. Arrasmith
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answered on Apr 16, 2024

If your roommate left and your name isn't on the lease, your situation can be a bit complicated. Generally, if you're not an official tenant—meaning your name isn't on the lease agreement—you don't have the same rights as someone who is. This could mean that you may need to... View More

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