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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Terminating Lease?

My roommates and I signed a lease for next year. But one of my roommates has a family issue and needs to return to Korea and is leaving in two days. Without a third roommate, my friend and I cannot afford the rent. We are searching for a third roommate to sublease to, but we are not sure if we will... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 28, 2018

Your best bet is to meet face-to-face with the landlord and explain. He or she may be willing to do something (switch you to a smaller unit, for example) or have suggestions re finding a new co-tenant. Unfortunately, "acts of God or other casualty" doesn't cover this. If you're... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My brother in law lives in my house and I don’t have a lease myself. How can I get him out?

I work for my landlord and am compsenated by having a house to live in. My brother in law asked to stay here to get on his feet and it’s been to long and he causes all kinds of problems. I have no lease myself.

James G. Ahlberg
James G. Ahlberg
answered on Jan 20, 2018

In a sense you do have a lease, because your landlord is letting you live there sa part of your compensation. Your brother-in-law is considered a subtenant, because his agreement is with you. If you want him out, you'll need to give him proper written notice and file a Forcible Detainer case... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord is now charging for parking and it is not in my lease. What can I do? Do I have to pay?
James G. Ahlberg
James G. Ahlberg
answered on Jan 17, 2018

Does your lease require the landlord to provide parking? If it does, this seems like an attempt to increase your rent during the middle of the lease term. If it doesn't require the landlord to provide parking, you can try to talk the landlord out of it, pay it or park somewhere else.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord changed parking policy without notice forced me to use money to equip car to park on city streets wat can i do

I had to use december rent in order to do so he wasnt willing to wait for payment

James G. Ahlberg
James G. Ahlberg
answered on Jan 9, 2018

The answer is in your lease. Does it require the landlord to provide you off-street parking? If it does and he doesn't do it he or she is in breach of the lease.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Hi, I recently discovered that our tenant removed our carpet and replaced it with different carpet without asking.

Can she legally do this? I have no clue why she changed the carpet, and do not know when she did so. The carpet was in great condition when she moved in.

James G. Ahlberg
James G. Ahlberg
answered on Jan 5, 2018

Maybe. If the carpet she removed was not tacked or glued down wall-to-wall carpet and she simply rolled it up and is storing it safely until she moves out, it seems she's done nothing wrong. On the other hand, if she removed your tacked or glued down carpet and discarded it without your... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can i exit a lease when my ex-gf has begin smoking pot illegally to my state and the community I live in?

She has begun smoking again now that we broke up. She has now brought it into the home which puts me in jeopardy of being removed from the property along with her due to HER illegal action. I've been told going to the police will just end up fining her and a slap on the wrist and then... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 5, 2018

You don't provide the one piece of information necessary to answer the question: Is her name on the lease, or just yours? If her name is not on the lease, file a forcible entry and detainer action (commonly called an eviction) and get her out. If her name is on the lease along with yours, your... View More

1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Landlord - Tenant for Illinois on
Q: Tenant right on a house being sold as foreclosure on auction.com

We have been renting a house with no lease, on month to month bases. My neighboor told me it's being sold. I went online and it does say house will be auctioned 13/18. I never got any notice or warning about this from my landlord or anybody. What are my rights in this situation? How long do I... View More

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

My general advice to people in your situation is to start looking for a new place immediately. Even if a buyer at auction takes title subject to your rights as a tenant, he or she can give you notice at any time that your lease expires at the end of the calendar month following the one in which... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is it legal for a landlord to invite his own guest into my own apartment without my permission?

Hi, I signed a lease for an apartment and my landlord is a relative. My landlord has invited his own guest into my apartment to stay over without my permission. I have said "no" but his reasoning is that he can override my decision even though I am a tenant and have a signed lease. I was... View More

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

No, unless something in your lease specifically permits it.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Illinois on
Q: How do I get out of my current lease (IL) without my credit being ding'd and is it possible to keep my security deposit?

I moved to my residence as a renter in Streamwood, IL in August of 2017. Shortly after moving in I had been let go from my job. Since September, I have been struggling to get by. Up until this month (January 2018), I have been jobless. I start a new job on the 3rd of January, however, its is over... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2017

I strongly disagree with the previous answer. Most residential leases do NOT have a provision saying a party can simply give a written notice and walk away from the lease after a few days.

Better advice: sit down with the landlord and explain what's happened. Ask what he or she can do...
View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Illinois mobile home park landlord now wishes to transfer total responsibility for concrete and trees to tenant, after

forty years of neglict. Is the legal?

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2017

Your question, "Is this legal?" is the same as asking, "Is this against the law?" The simple answer is this: There is no law against your landlord asking you to sign a lease requiring you to maintain the concrete pad, sidewalk, patio or driveway and to maintain the trees. If you... View More

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: What rights do I have to my security deposit if I live in a three-flat owned by my landlord which they also live in?

The landlords converted a home to a three-flat. They put the security deposit in their own bank account. We had a 12-month lease and signed a renewal. We moved out 3 weeks ago. Prior to moving out, we asked if we could terminate the lease early. The landlord responded in writing that we needed to... View More

Steve McCann
Steve McCann
answered on Dec 15, 2017

The answer to your question depends on specific facts that are not provided here, such as the location of the rental and the terms of the lease. That said, I would recommend organizing your lease and all other information in your possession related to this matter, and consulting with an attorney... View More

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1 Answer | Asked in Child Custody and Landlord - Tenant for Illinois on
Q: I'm trying to gain custody of my grandchildren and I don't have a Dcfs case against me how much will cost
James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2017

The amount of time needed to do this will depend on whether the parents of the grandchildren resist your attempt, and the hourly rates charged by attorneys vary widely across the state. No one can truly answer your question except the attorney you hire.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is there a way to get a family member out of my mothers home? I do not live there and the family member is over 21

My mother could call the police but they could go away for other legal troubles. How can i make the other memeber leave?

There is another person there as well who should also leave,( for several reasons)subleasing a room but it is not in writing

James G. Ahlberg
James G. Ahlberg
answered on Dec 11, 2017

Does your mother want the person to leave? As a practical matter, if your mother owns the property it's up to her who lives there, not you, and you cannot do anything about it unless (1)your mother is elderly and this person is abusing her or taking financial advantage of her, or (2)your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can my roommate tell me i have to be gon in 4 days without a legal eviction even if im not on the lease?
James G. Ahlberg
James G. Ahlberg
answered on Dec 11, 2017

No. He must still follow the legal steps to get you evicted. As a practical matter, I advise clients in this situation to start looking for another place immediately and to get out as soon as possible.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I want to break my lease to get away from an emotionally abusive ex. I have 4 months left to pay. What are my options?

ex is threatening me with social/emotional blackmail, not physical/financial harm. But mentally/emotionally I am not in a good place. I am seeing a therapist but I don't want to wait until I'm actually at the point of being suicidal to start dealing with the situation. I would like to... View More

Steve McCann
Steve McCann
answered on Dec 4, 2017

There are certainly options to explore to achieve your goal of getting out of your lease based on the limited facts provided. Thus, I would recommend organizing everything you have in your possession that is relevant to this matter, including your lease and any evidence you have of the abuse by... View More

1 Answer | Asked in Landlord - Tenant and Consumer Law for Illinois on
Q: Hello my hotel room was broken into both nights we were there at the crown plaza in New Orleans. They want to settle?!?

They took things from both of my rooms on both nights. We filed incident reports each time and the security employment team kept pushing it off and trying to hid it. It was really sketchy and everytime I️ spoke to someone about each incident they have not heard of the previous incidents...which... View More

Steve McCann
Steve McCann
answered on Nov 8, 2017

I would recommend consulting with an attorney prior to signing any release from the hotel. A knowledgeable attorney can review the facts surrounding this situation, can review the release, and can also advise you as to your options moving forward.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord keep a security deposit if they decide to sell the property before the term is up?

We did not want to purchase his property so we gave him 60 day notice to look for our own place to buy. He said we broke the lease even though he wanted to close before the holidays. We still had nine months on our year lease. We left the place in immaculate condition.

Steve McCann
Steve McCann
answered on Oct 25, 2017

The answer to your question depends on a number of factors that are not provided here, such as the precise terms of the lease, and local laws regulating security deposits. I would recommend organizing all information relevant to this situation, including your lease and all communications with your... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I rented a house with black mold I became ill, is there anything I can do. I moved out early and terminated my lease

City of Carbondale inspected and knew about the issues but did not follow up on compliance dates, I had property damage due to the mold and numerous health issues. I have photographs of the black mold. The owner has refunded me part of my security deposit and feels as if that is enough. I feel I... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Oct 8, 2017

The landlord has to comply with the warranty of habitability most rental leases include, which obligates them to permanently ensure that tenants occupy a safe, hazard-free property. Black mold is notorious for causing a wide range of serious health issues, from severe allergic reactions to... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I moved out March 2017 and still waiting for my correct amount of security deposit. What can I do?

They did send me a check in April but it was incorrect amount and still waiting for correct one with receipts and any deductions. I have texted and called several times since and get no response at all.

Steve McCann
Steve McCann
answered on Sep 27, 2017

The answer to your question depends on a number of facts that are not present here, such as the precise terms of your lease, the condition of the unit, and the location of the unit. That said, if you moved out in March, you should have these issues resolved. I recommend organizing all information... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Illinois on
Q: What are my rights if not on lease but live with older relative?

My older relative won 2,000 from a lottery ticket but never told me about it. I learned about that from an older brother. I seen the letter, held it up to a strong light and appears to be a check. I pay my share of rent and on disability. At times I feel this relative I live with takes advantage of... View More

Cheryl Powell
Cheryl Powell
answered on Sep 26, 2017

$2,000 can be spent in 2 seconds. It is unlikely that it will be there for you to inherit when he dies. If you are not on the lease, you live there as long as the person who is on the lease chooses to allow you to do so. Choosing not to tell you about lottery ticket winnings is not taking... View More

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