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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I had to move out of my rental(broke lease) due to property being unlivable. Can i sue for security and rent

Owner only wants to give back security. We only lived a property for 42 days and the entire time we had issues, plumbing, broken appliances, and sewer issues.

Steve McCann
Steve McCann
answered on Jun 25, 2018

It is certainly possible, but the viability of prevailing and recovering in such a lawsuit is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including any pictures and communications with your previous landlord,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I've been renting a duplex for 3 years. I asked about return deposit and landlord gave me a laundry list of repairs

We painted, patched holes and cleaned carpet. I also asked for a walk thru prior to leaving and they didn't reply. THis is $1800 deposit and I'm sure I won't get any back after telling me it needs new carpet, paint and other repairs. We left the place immaculate after being there... View More

Steve McCann
Steve McCann
answered on Jun 20, 2018

Assuming the duplex was in Chicago and is subject to the RLTO, you may have a few different options. That said, it is an extremely technical analysis, and I highly recommend you consult with an attorney individually prior to discussing this matter with your landlord any further.

Many of us...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I had a eviction case filed by my previous landlord voluntarily dismissed without prejudice because I wasn't served

Do I owe for unpaid rent and maintenance if there wasn't a judgement against me I was renting from them for 3 years and passed yearly inspections. I left voluntarily before giving any eviction notice now a collection agency said I owe 5000 for painting, carpet, and one month unpaid rent do I pay it

James G. Ahlberg
James G. Ahlberg
answered on Jun 16, 2018

You should not owe for painting or the carpet unless damage occurring during your tenancy exceeded normal wear and tear. It is unlikely, but possible, that the terms of your lease could change this answer.

You owe the last month's rent if you didn't pay it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I've been renting a home for 3 months and now the landlord has decided to sell the home he has people coming by everyday

I have two children I'm a single mom I don't know what my rights are what I can do he's telling me he has every right to have people come by whenever he wants so that they can see the home so that they can buy it please help sincerely helpless

James G. Ahlberg
James G. Ahlberg
answered on Jun 4, 2018

Check your lease. What does it say about the landlord having access? Whatever it says controls this situation. If nothing else, ask the landlord to give you at least an hour warning so you have "time to pick up things so it looks better and you'll get a better price."

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: If you are put on a deed/title to a home, can a relative claim your share if you suddenly pass

My fiance is the soul owner and is skeptical about this. Cant i put it a will or notarized letter stating that no one in my family would be entitled to my share if i passed away.

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2018

There's no good way to answer this without more details. For example:

1. if the property is just in your fiance's name, he/she can leave it to anyone he/she wishes in a properly drawn and witnessed will. (This means get it done by a lawyer - do NOT download a form from the...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: After renting, they changed policy to DL had to have address for pool access, I own another home, prefer that #

I'm a renter in good standing for 4 years, choose this property because of pool access, which was included, previously they made pool passes, but recently they changed the rules to the address must be on Drivers License, for other reasons I prefer to leave my other address of home I own,... View More

James G. Ahlberg
James G. Ahlberg
answered on May 25, 2018

You don't get to just pick an address to list on your drivers license. By law it has to be your residence, that is, where you live -- not a property you own but do not live in. The only exceptions of which I'm aware include judicial officers and peace officers. Think of it this way --... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I was renting a place in IL and the landlord put an eviction notice on my door saying I have 5 days eviction

That same day he also put locks on my doors so I couldn't get my stuff to get out the eviction notice was written on cardboard is this legal

James G. Ahlberg
James G. Ahlberg
answered on May 21, 2018

Writing the five-day notice on cardboard may be legal. Locking you out without having secured a court order is not.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: Can a landlord serve only a 5 day notice and sit your belonging outside without a court order?

My husband missed three weeks work to take care of his mom who had back surgery...the landlord knew ahead of time we wouldn't have money for a couple of weeks ...he is saying that we have to come up with $1500 by Saturday or move we offered $900 he refused.

James G. Ahlberg
James G. Ahlberg
answered on May 18, 2018

The answer to your question is, "No."

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Tenant only paid partial rent after the five day notice. Can I proceed with eviction?

My rental is located in Elgin, IL, Cook county. The tenant has been late every month since moving in. She does not respond to email, text, or phone calls. I was able to serve the five day notice, but she only paid partial rent. The five day notice clearly states that only full payment will... View More

James G. Ahlberg
James G. Ahlberg
answered on May 16, 2018

If you properly served the statutory 5-day notice, you can proceed with the eviction even if the tenant deposited part of the rent.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Criminal Law for Illinois on
Q: Tenant lives in guest attic (has water, electricity, working toilet/shower) 2 doors to attic, whatif he tries to breakin

Tenant is related to my fiance

Has his own exit door plus a door to our stairway to our house.

I have him locked out of our house but he is free to enter and exit his area only.

Can i report him if he tries to breakin while we are at work or asleep?

James G. Ahlberg
James G. Ahlberg
answered on May 16, 2018

Yes, though you'll want to consider how it will affect your relationship with your fiance.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord just demanded that I pay him $4600 to insure his building. I can get this for $2300. Can I force him reduce?

My lease requires me to pay the cost of this insurance but the landlord is not shopping this policy and is sticking me with his insurer that doesn’t specialize in restaurants with full liquor license. He demanded that I pay $4600 with my last rent payment and I did this. My hope is that he can... View More

James G. Ahlberg
James G. Ahlberg
answered on May 10, 2018

Call me cynical, but I've got more questions than answers.

Did he give you a copy of the bill for the premium he said he paid? If not, demand one.

Did he give you a copy of the policy? If not, demand a copy and see what it covers and the extent of coverage. Your lease should...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord handed me a 30 day notice and told me that there was no court date.

I was only behind $237 dollars of the previous months rent, which she verbally agreed to wait to receive, but she now refuses any money from me. She has continually harassed me about my babysitter, saying I let someone move in, thats not true, she says I destroy things in the basement, I NEVER been... View More

James G. Ahlberg
James G. Ahlberg
answered on May 10, 2018

Based on your description of circumstances and the people involved, and considering the false accusations, if you were my client and received a 30-day notice I'd tell you to find a new place to live and get out of there as soon as possible.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Hi....Can you evict a tenant in IL for having a Guinea pig?

There is a no pet clause in lease and I asked tenant to remove it in Jan. And just found out it's still there.

James G. Ahlberg
James G. Ahlberg
answered on May 7, 2018

Probably.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Me and my girlfriend name isn’t on a lease she is the head tenant can she just move out and put it in my name without m?
Steve McCann
Steve McCann
answered on Apr 17, 2018

The question is unclear, but assuming you are asking if your girlfriend can unilaterally transfer the lease into your name, it is highly unlikely, and is dependent on the terms of the lease. That said, I recommend organizing the lease and consulting with an attorney individually for a consultation.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Is there a time limit to breaking a lease extension before the extension begins and can you be fined for it in Illinois?

My daughter had a 1 year lease in DeKalb IL. She signed an extension a month ago. She will not be in De Kalb after this year and informed the leasing office that she would be leaving at the end of her current lease (ends 7/27/18). They told her she would have to pay 3 months of extra rent or find... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 10, 2018

A lease is a contract. Once it is signed, it is binding on both parties barring unusual circumstances. The typical lease (especially in a college town) describes what the options and penalties are for not complying with its terms. Look at the lease your daughter signed for the answer to what... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord is trying to add pet deposit mid-lease. No pet deposit on the lease I originally signed. Is this legal?
James G. Ahlberg
James G. Ahlberg
answered on Apr 4, 2018

As a general rule, a change in an existing lease requires the agreement of both parties to the lease to be effective.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord is trying to add pet deposit for pets during lease renewal. Pets aren't new. Is this legal?

In original lease agreement it says it automatically renews each year. Landlord dropped off new agreement with a 250$ deposit per cat. The lease which is being renewed didn't have one. Can he do this?

James G. Ahlberg
James G. Ahlberg
answered on Apr 2, 2018

Yes.

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I own a business and I’m behind a couple months on rent. My landlord is giving me 2 options: don’t pay him anything and

Leave, or pay him what I’m behind and he will move me to a different store. He’s not giving me the option to pay and stay.. ( my neighbor wants to expand) can he break my lease if I pay him? Or will he owe me for breaking the lease?

Steve McCann
Steve McCann
answered on Mar 30, 2018

The answers to your questions depend on very specific facts that are not provided here, such as the precise terms of your lease, and the remedies for defaulting on the lease. That being the case, I highly recommend organizing your lease and anything else that is relevant to this matter, and... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Commercial lease is expiring soon. Tenant likely will hold over. Can landlord turnoff utilities on lease expiration date
Steve McCann
Steve McCann
answered on Mar 29, 2018

No, you cannot turn off essential services because the tenant is likely to hold over. That would open you up to tremendous liability. If you believe the tenant has violated, or will violate the lease, organize the lease and anything else that is relevant to this matter, and consult with an... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Does my 20 yr old daughter have to sign a lease in order to live with me part time in illinois
James G. Ahlberg
James G. Ahlberg
answered on Mar 26, 2018

No, unless you are leasing the residence and the landlord insists on it.

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