Lawyers, Answer Questions  & Get Points Log In
Illinois Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Illinois on
Q: Can your bank account get garnished for eviction in state of illinois?

Unfortunately we just renewed our lease after a year but cannot stay at our apartment due to a bunch of violence/ criminal issues going on at our apartment complex and flea infestation. I was just wondering if our bank account could get garnished for what we owe when the landlord places the... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Do you have a good case in court to fight an eviction if there was crime and unsafe issues going on in apartment?

We are facing eviction after just renewing lease for another 12 months due to starting a new job but it fell through and didn’t have the funds to pay rent. While living in the apartment we faced many issues such as violence going on outside our door with knives, people in the building blasting... Read more »

Erik K Jacobs
Erik K Jacobs answered on May 17, 2022

Perhaps these may be reasons to break the lease and move out, but you can't have it both ways. In other words, you can't stay and not pay. The fact that the unit was not clean when you moved in more than a year ago will not be considered. Any objection to the condition of the unit... Read more »

0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying a house contract for deed but the landlord also made a lease agreement with two different amounts of payments

I have seek to legal counsel just waiting for them to email me the link to pay for their services and forgot to ask do I have a right to withhold my monthly payment of $750 until we reach a new contract for deed agreement since the original one brought up by the owner of the home is in violation of... Read more »

0 Answers | Asked in Landlord - Tenant for Illinois on
Q: Old landlord will not give me supporting documents to verify I was not on the last lease. Eviction related judgement.

I lived at a Cook County (Des Plaines) address for 5+ years. Every year we had a new lease agreement with the landlord. The most recent one from 2019 I was not on the lease. My father was on the lease. My father and I have the same name, I am a Jr he is a Sr. After I moved out my father fell behind... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord collect more than what was agreed upon in the lease?

Property has recently switched landlords. Lease is for $8400 over 12 months. Am currently at about $11,000 paid.

James G. Ahlberg
James G. Ahlberg answered on Mar 22, 2022

No. When he bought the building, he bought it with the leases in place, as they were. The exception (and I've never seen it) would be a lease with a provision allowing rent to increase in the event of a sale of the property.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

Ana M. McNamara
Ana M. McNamara answered on Feb 11, 2022

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm a disabled renter who resides in a building that has been sold for taxes and the deed has been submitted to the cour

It was sold over 2yrs ago and I just found out, now the person claiming to own the property STILL wants rent and is telling me information that I know isn't true, what should I do

Erik K Jacobs
Erik K Jacobs answered on Nov 18, 2021

If the tax buyer has just recently applied for a deed to the property with the court, then the previous owner still "owns" the property until the court deeds it to the tax buyer. When you say "person claiming to own the property" I'm not sure if you mean the person holding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I need to know whether to continue to pay rent where I live cause it was sold for back taxes and I'm disabled...

It was sold almost a month prior to us moving in

Erik K Jacobs
Erik K Jacobs answered on Nov 18, 2021

First off, I'd need a little more information. Were the taxes sold? If so, you would continue to pay rent to the registered owner. The owner can always redeem the taxes by paying the arrearage and interest. Perhaps a call to the County treasurer's office would be in order. In my... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: What do I do if my tenant leaves and blocks me without paying 6 months on the lease?

I have signed a lease with an international tenant and have his passport number. The tenant just got a job offer at a big tech company and is moving. His company offered him a lump sum for his moving needs and lease disturbance. As by the lease (and from my understanding, Illinois law), if he... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

You need to immediately discuss this developing situation before it gets worse with a licensed attorney practicing in the realm of landlord tenant law.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My tenants have had no lease, since 2019. They owe me $70,000. I give up, I'm 71 years old and want to sell. Can I?

Can I sell during the Eviction Mort. in Illinois? My rental is in Vernon Hills, Ill.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 29, 2021

The eviction moratorium has expired. You need to immediately initiate an eviction process by giving notice and retaining an eviction counsel of your choice.

It is deplorable that you let the tenant accumulate that must debt to begin with.

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in a 31 floor high rise building in river north Chicago owned by a management company.

Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out... Read more »

Robert Shipley
Robert Shipley answered on Apr 13, 2021

The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis.... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Illinois on
Q: My landlord says that he can charge a pet deposit and monthly fees for my emotional support animal. Is this true in Il?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

No. It is not. It’s covered by the FHA which is a federal law.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have a Landlord tenant question .... I have a landlord who is not cashing my late payments in a timely manor .

I need some legal advice . I have a Landlord who is not cashing late payments on rent in a timely manor . He is also not giving receipts for payments . I have noticed he only does this with late payments . When I pay rent on time my checks are normally cashed within a few days .... He has no office... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

What is your question? This may make balancing your checkbook harder, but it has no other effect on you.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Illinois on
Q: I am in a current situation where i am renting a basement to live from my parents. What are my rights?

I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... Read more »

Juan Ooink
Juan Ooink answered on Oct 13, 2020

Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My new phy disability is making living in my apartment very difficult. Can I break my lease

My physical disability which keeps me in a wheelchair most of the time has been getting worse and it is very hard for me to live on my own. On top of that with COVID it has become unsafe to live in a building with hundreds of people because getting COVID can be very dangerous for me. Can I break my... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

An Illinois attorney could advise best, but your question remains open for two weeks. A landlord-tenant attorney would know this better than a personal injury or real estate attorney; you could repost in that section. But being surrounded by a dense concentration of people doesn't sound like... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can your car be towed if you are behind in rent
Cheryl Powell
Cheryl Powell answered on Aug 30, 2020

If you are behind in rent you should have gotten a 5 day notice to quit from the landlord, which basically says move out or pay up. After that period is completed and you have not paid up, then you are sort of a squatter. I imagine this is your situation. then you have to be served with eviction... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord not returning security deposit

I am living in Bloomington Illinois. Last month we were planning to move out of our current unit (3rd floor) and move in to (1st floor) same building. The person moving out from 1st floor is my friend. We both went on June 19th and he gave a move out from July 19 and I gave move out from 3rd floor... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

If the $600 was a non-refundable application fee, then they don't need to return it. If it was a security deposit, they need to return it within 30 days after you move out. Usually landlords don't take security deposits until you sign the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: I had a tenant break lease early and refuses to pay the termination fee in the contract she signed.

There was a two week notice clause in the rental contract ($300). She up and left then said she would pay me but still is giving me the run around, what legal recourse do I have? There is also a section in the contract that states she will cover legal fees if we go to court.

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

You can sue her for breach of contract. You can sue yourself in small claims court and ask for court costs in addition. You can hire an attorney to sue for you. You may be able to collect your attorney's fees, but she may be judgement proof, meaning she may have no money or assets to go after.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.