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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Is it possible to sue a university for making their students live in uninhabitable conditions?

I'm enrolling into a college where they have a large first-year enrollment rate. Because of this, a lot of students (mainly freshmen) are pushed to live in a specific dorm hall that's farthest away from the entire campus. For the past few years, this hall has gained a NOTORIOUS reputation... View More

Charles Candiano
Charles Candiano
answered on Aug 19, 2023

You can't sue anyone for something that hasn't happened yet. You are choosing to enroll in the school. By doing so you are choosing to live where you are assigned. On your facts, you haven't even seen the dorm yet. Your concerns are based solely on gossip. Dorms are often... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can we ask the Court for a Default judgement against 2 of 3 served defendants at this time?

I have invested countless hours researching facts, law, and evidence, and ultimately we filed an 88 page, 11 count complaint in the McLean County IL Circuit Court pro-se, asking for at least $144,000 in damages against three defendants. This was filed on July 3, with the corporation's... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 16, 2023

Probably. Depending on the wording of your complaint (your attachment won't go through this system) it's possible you'll be limited to a default judgment as to liability and still need a hearing at which you prove your damages and each defendant has an opportunity to try to disprove... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord question (In Illinois) Should tenants be required to have renters insurance? Any benefit to the landlord?
Gary S. Weiss
Gary S. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2023

Illinois law allows a landlord to require a prospective tenant to have renter's insurance, which by the way is for your benefit because it will cover any loss you incur for the contents of your rented space for covered losses stated in your contract of insurance such as fire or theft and is... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My tenant said he was going to have me arrested for intimidation so I won't evict him. I messaged him for late rent

And we argued a bit. Can I go to Jail. I'm afraid to go there to evict him now

James G. Ahlberg
James G. Ahlberg
answered on Jul 3, 2023

You're not going to go to jail for demanding the rent. If you were my client I'd tell you to begin eviction proceedings immediately. You don't need a tenant like this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can a renter in Illinois claim property from the land lord after living there for twenty years?

If a renter occupies the property for twenty years can they claim the property through squatter rights. Would attending the condo association meetings, and paying fees be enough. Are there any other actions the renter would need to take to get the property?

James G. Ahlberg
James G. Ahlberg
answered on Jun 29, 2023

If you are a renter you are a permissive user. In other words, the owner of the property has given you permission to occupy it. Permissive use NEVER ripens into a situation allowing you to claim adverse possession (what you refer to as squatter rights). The only action you can take to get the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: A Realtor moved my pregnant girlfriend and I into an apartment with a gas leak and mold and told me i was wrong about it

We were coughing up mucus and just not feeling healthy the whole time we were there. It was a back and forth hassle with everything and then they ended up saying I was wrong and didn’t know what I was talking about. We got out of the lease because the other apartment they tried to move us into... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. In terms of the personal injury aspect of your matter), you could reach out to attorneys to discuss. However, some firms are reluctant to handle mold cases - the symptoms and correlations to an incident can be... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I just moved into a leased property that the damages were not repaired before my move-in date how can I correct this
John Michael Frick
John Michael Frick
answered on May 20, 2023

Depending on the nature and extent of the damage, you may be able to hire a handyman with the permission of your landlord

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Is it possible to get out of a lease without legal repercussions?

My daughter is currently renting an apartment with my niece and my brother(my niece's dad) is a cosigner.

Cynthia Pietrucha
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Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

My firm has helped individuals and businesses get out of leases by corresponding with landlords to make this request. However, the possibility of breaking a lease depends on where you live and the landlord you are dealing with. For example, City of Chicago is a lot more difficult than the suburbs... View More

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

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
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

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 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 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 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

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