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Illinois Landlord - Tenant Questions & Answers
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

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... View More

Robert Shipley
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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.... View 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
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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... View 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... View 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... View 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... View 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... View 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... View 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.

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... View More

Robert Shipley
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Robert Shipley
answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... View More

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1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... View More

James Kottaras
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James Kottaras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: Built home last year and the builder has our home photos all over his builders realty website. Not in our contract.

The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?

George W. Svoboda
George W. Svoboda
answered on Jul 23, 2020

You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in Illinois subsidized housing. I am disabled and live in an apartment. We are being told we can't have visitors.

We are being told it's because of the Coronavirus and I don't think they have the right to tell us we can't have the family come and visit us. I want to know if they have that right since this might be something that will go on for quite a long while and it doesn't seem right... View More

Robert Shipley
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Robert Shipley
answered on Jun 13, 2020

I would recommend you review the terms of your lease to determine if there are any restrictions. Additionally, are there building rules/regulations which apply. Alghough due to COVID many buildings are adjusting their normal procedures, access to an individual's unit should not be restricted.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Illinois on
Q: Is there a way to make an eviction date come sooner?

I live with my mom and younger sister (13) and my mothers ex boyfriend has been living with us for about 4-5 years now and finally we have gotten an eviction notice for him but its not set until July 1st. Lately he has been yelling at us and making us uncomfortable and scared in our own home and is... View More

Cheryl Powell
Cheryl Powell
answered on May 8, 2020

Yes. You may obtain an emergency order of protection. Contact your local women's center. They have trained advocates to get you through the process without having to file a lawyer.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: What should I do I rent an apartment and when I was walking down stairs the stair broke to where my foot went through.

Hurting my back and foot is swollen and bruised. Where should I go from here.

Jeremy Wang
Jeremy Wang
answered on Apr 13, 2020

If you are experiencing pain then you need to seek medical attention right away. An injured person should not allow the Co-vid 19 pandemic to result in untreated pain, or even worse, allowing a severe injury to become permanent or cause death out of fear of going to the doctor. The emergency rooms... View More

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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I vacated & paid a property mid month where the landlord did not send a lease? He says I owe for the whole month?

Do I still owe for the whole month? I've lived at the rental property for 4 years and the last year, the landlord did not send a lease.

James G. Ahlberg
James G. Ahlberg
answered on Feb 7, 2020

You probably owe for the whole month, but it's impossible to be sure without reviewing the terms of the last written lease you had with the landlord.

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