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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: Do I have the right to change the locks or deny access to the house for items?

My long term girlfriend 3 1/2 years moved out after cheating and moving in with a married couple around 2 hours away. Everything in the home including title work, hills, etc is all in my name. She does get some mail and bills of her own at the address. After a long period of lying and deception,... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 17, 2023

While you have no right to keep her personal property, you have the right to impose reasonable conditions on how she gets it back. That includes requiring the items be recovered while you are present. If your assessment of her as a liar is accurate, be sure you have a friend with you when she is in... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying my home contact for deed. I've paid on it for almost 4 years. I'm behind on payments and the owner said he

Wants me out but I found out he has a mortgage on it and several other properties and he's going into foreclosure. Idk if he ever recorded it. Can I request to rescind and get my money back? Or is it pointless since he obviously has no money?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

It may not be pointless just because he has no money - you need to find out whether there will be any remaining equity in the house after the mortgage lender (and any other lienholders ahead of you) are paid. But it could be pointless if being behind in your payments means you're in material... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My Landlord is requiring my roommate and I to pay the outstanding balance left from a previous tenant. Is this legal?

They are stating we assumed liability once we signed the lease, but was never made aware that there was an outstanding balance on the apartment. Is it our responsibility to pay, or do the previous tenants have to pay?

James G. Ahlberg
James G. Ahlberg
answered on Feb 23, 2023

You don't owe rent for any time prior to the beginning of your lease. The sole exception would be if the terms of the lease explicitly state you are assuming liability for the rent left unpaid by a previous tenant -- something I've never heard of in a lease. If your landlord wants to... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I sublease my apartment to someone who didn't pay rent for the last month and now have a negative balance on the account

I do have all subleasing documents agreement. So what should I do to sue him for not paying? Also, I have received many calls from debt collectors. In the same time, I can’t focus on my school because this issue has affected me negatively and put me under pressure. Moreover, this case affects my... View More

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

You could sue the sublessee in small claims court.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord is trying to illegally evict me for calling a building inspector on him, what should I do?

I rent a upper apartment in a duplex from Chapman Properties and I have had issues with sewage backup flooding into my basement for over a month. It has caused damage to my personal property that I'm going to have to pay out of pocket to replace. I've had to pay out of pocket to do... View More

David Wolkowitz
David Wolkowitz
answered on Feb 16, 2023

The landlord can simply provide you notice that your month-to-month lease will not be continued for another month. That would not be an eviction. Evictions occur for violations of leases, such as not paying rent, destroying the property, disturbing other tenants. It seems like you should look for... View More

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Q: Is it legal for my business landlord to ask for financials 3 years into a lease?

Lease and rent are current and up to date.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 23, 2023

This seemingly is a landlord-tenant issue. However, as a practical matter for business, if you have already signed a lease and been in it for 3 years, this appears to be out of their right to request.

However, I can see it making sense in two scenarios: if you have fallen behind and there...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Hello I need your help, please a recommendation, or something My ex Renter doesn't wanna give back my deposit back

I moved from the house where I was renting and I had given a deposit of $1,100 and soon after I vacated the house I took out all my things.Handed the Owner His keys , The owner came and I asked him about my deposit and he said NO! That according to him, the Deposit is used and covers all the... View More

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

The answer will depend on the terms of the lease agreement that you had, which we do not know. However it is typical that a security deposit may be used to cover repairs to the property after you move out that are needed to restore the property to rent to another person. The lack of repairs... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord sue u if you are just a cosigner on a lease but do not live there
James G. Ahlberg
James G. Ahlberg
answered on Dec 21, 2022

Yes. The whole point of getting a cosigner is to have someone else to sue if things don't work out.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Illinois on
Q: There was a bad leak that caused mold nothing was done for 3 years now my rent is raised and my family is sick all the

Landlord wouldn't do any repairs for years and there was a leak and mold every where my son is always sick and now that she fixed it she raised the rent from 925 to 1200 what can I do I do not want to sign a new lease

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. For the personal injury aspects of your question, reach out to local attorneys to try to arrange a free initial consult. Unfortunately, not all injury law firms handle... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Would I be able to sue neighbor for smoking or landlord for not evicting neighbor that abuses no smoking policy.

I have asthma. My Neighbor continues to smoke after complained to manager about it. There is no smoking policy here by HUD. I've complained to HUD abd the state health department smoke hotline.

Charles Candiano
Charles Candiano
answered on Jun 6, 2022

You cannot sue your neighbor because there is no privity of contract between you and your neighbor. If no smoking is a condition of your lease you can break your lease if the landlord refuses to enforce the no smoking policy. If you have complained to HUD, HUD will issue warnings. If the warnings... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View More

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