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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: See more information below

My wife and I are renting a home one of her daughters owns. I pay half the rent and my wife pays the other half by baby sitting her daughters children for 10 months out of the year and (no money changes hands from my wife and her daughter). The other two months of the year her daughter demands I... View More

William Harold Mazur
William Harold Mazur
answered on Aug 13, 2015

Is this arrangement memorialized in a written lease/agreement? If not, it would be a good idea going forward to have the terms of your agreement in writing. Absent a written agreement, much of the answer to your question depends on where the property is located, since several municipalities impose... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can I evict tenants who only paid rent twice since the moved in my building in April 2015 ,they also hasn't change the

Utility saying they can't get them in their name because they owed outstanding bills.

William Harold Mazur
William Harold Mazur
answered on Jul 28, 2015

You can certainly evict tenants who have missed rent payments. You will first need to serve them with the notice that is proper under Illinois law, as well as any possible local ordinances (i.e. - in Chicago or Evanston). The contents and service of the notice are highly technical, however, and... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have signed lease from my tenent from june 1st 2014 to May 31 st 2015. My client leave property with out notice

I have signed lease from my tenant from June 1st 2014 to May 31 st 2015. My client leave property with out notice he leave on feb:15 , not even paying for feb rent also and keep lots of garbage in the back yard and dog poop and garbage in house. I have to pay clening of poop and removel of back... View More

William Harold Mazur
William Harold Mazur
answered on Jul 28, 2015

I'm sorry to hear about your tenant and the damage caused to your property. Your best bet is to attempt to sue your former tenant in small claims court for the unpaid rent and property damage. Depending on your specific location in Illinois, the court costs to do so are fairly low, and you can... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can my landlord charge me for carpet cleaning when the carpet has been down for eight years

I haven't sign a lease since 2009...so he can't its in the lease to clean carpet when I move

William Harold Mazur
William Harold Mazur
answered on Jul 28, 2015

It depends on what is in your lease. I know you say that you haven't signed one since 2009, but if you have remained in the unit uninterrupted since then and have operated under the same terms as before, your landlord can argue that your month-to-month tenancy contained the same terms as the... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: If you have not been given the new lease, does it automatically become a month to month lease? and what do I pay ?
William Harold Mazur
William Harold Mazur
answered on Jul 28, 2015

It depends on how you and the landlord proceed after the expiration of the initial lease. If you submit and your landlord accepts/cashes your normal rent payment on the same day of the month you always have, the landlord is accepting you as a tenant again. The term of the new tenancy and amount of... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord add additional terms/rules to a lease after it has been signed?
Elfreda Dockery
Elfreda Dockery
answered on Nov 9, 2013

a signed contract, and that is what a lease is, is an agreement between two parties. if one party to the lease makes unilateral changes that have not been agreed by the other party, then those changes are not a part of the agreement the parties have. they other party's agreement is manifested... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: A year ago I rented my house to family and it's just not working out. With no rental agreement how do I get them out?
Elfreda Dockery
Elfreda Dockery
answered on Nov 9, 2013

if there is no written lease, then your tenant has a month to month tenancy. you can give them a 30 days notice. if they have not moved by the end of the 30 days, then you can file an eviction action.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: We had a judgement against us for back rent.The interest being charged seems excessive.Any recourse?
Elfreda Dockery
Elfreda Dockery
answered on Nov 9, 2013

illinois allows for interest on judgments to accrue at 9% per annum. is is greater than 9%? if so, then it is excessive. if not, then it is not excessive.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: When a Order For Possession has gone to court and Enforcement of this judgement is stayed until 9-7-12 what happens next
Timothy J. Deffet
Timothy J. Deffet
answered on Dec 7, 2012

That usually means that enforcement of order is delayed until 9 7 12.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: What does it mean if a leasing manager asks tenants to pick up a check for interest earned on their security deposits?

Also, if they are asked to sign an agreement on how they would like to receive any future interest.

What is going on?

Timothy J. Deffet
Timothy J. Deffet
answered on Dec 7, 2012

IL law requires that interest (very little) be paid to tenants every year for their security deposit which is supposed to be held in a segregated bank account by LL.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My roommate isnt paying her share of rent and we both signed the lease. She came and got her stuff refusing to pay rent.
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 20, 2012

Usually in this situation if you both signed the lease each of you are jointly and severally liable for rent. What this means is the landlord can sue either of you, or both of you, for the FULL amount of the rent. He can get a judgment or collect against only one of you if he wants. However, you... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: A order for possession was taped to my door today....I have never been served any other notices...is this legal?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Possibly. Call the clerk of court where case is being heard or go there and pull file and look at paperwork. See if Judge allowed. You may have been served and were not aware. There are different types of service. Call MTO at

www.tenants-rights.org/. They may be able to help you. Good luck.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: What happens when the property I'm renting goes into forclosure?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 27, 2012

Look at this post from Metropolitan Tenants Org. It explains alot.http://www.tenants-rights.org/faq-tenants-and-foreclosure/

Tenants and Foreclosure – FAQ

last updated on December 14, 2009 – 1:11 pm30 comments

Tenants impacted by foreclosure: Frequently Asked...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is a MHC landlord allowed to tow (and keep threatening to do it again) my vehicle off park property because they do -->

Not want to incur the time and expense of legally evicting me through the court system for nonpayment of rent? I had been living with my boyfriend who passed away in April. His next-of-kin does not intend to pay rent and I'm trying to find a place to move. I do not have a lease with the... View More

Burton A. Padove
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answered on Jul 21, 2011

can you please clarify what MHC stands for. I do not want to guess.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Does a landlord of a apartment complex of sixty units have to have a seperate escrow account for security deposits ?
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answered on Jul 21, 2011

No, however, the landlord will have to pay you interest and comply with appropriate,time accounting and documentation rules.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I live in dupage county and rent an apartment. Is there a law in place to limit the $ amount rent increase yrly?
Burton A. Padove
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answered on Jul 21, 2011

Illinois law prohibits rent controls on provate property, so the answer is no.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landloard has not fixed huge leak in basement after repeated requests to do so for over a year.What can I do now.

We live in Northern Il.Does the il. Housing Athoeity rules apply to this area?

Burton A. Padove
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answered on Jul 8, 2011

You need to look at your lease to see ifthere are any rights spelled out. If this poses a health problem or significantly interferes with your use of the property, you have cause for asserting constructive eviction, moving out and possibly getting some rental payments back.

You can also...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have never been late on my rent before if I am one day late on rent can landlord deliver a 5 day notice?
Burton A. Padove
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answered on Jul 8, 2011

Yes. Not likely to happen unless it is an established procedure that you landlord never deviates from.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I am renting out my home, the tenants moved in Dec. and they have not paid Jan or Feb rent, what can I do? How do I get

Possession of my home right away?

Burton A. Padove
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answered on Jul 8, 2011

You cannot get possession right away. You have to provide the appropriate notice and then file for eviction.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I'm in illinois and my landlord sold the building we live in. we have a lease contract for 1 year can we live the lease?
Burton A. Padove
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answered on Jul 8, 2011

You are still obligated under the lease. However, you will now pay the new landlord.

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