Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My roommate left me the apartment. My name is not on the lease. Do I have to move out? I'm in Illinois.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

If your roommate left and your name isn't on the lease, your situation can be a bit complicated. Generally, if you're not an official tenant—meaning your name isn't on the lease agreement—you don't have the same rights as someone who is. This could mean that you may need to... View More

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can I offer a tenant the amount of money needed to get a home sales ready as a down payment toward buying the home?

My rental property needs about $20k worth of work to get it sales ready. I want to do everything possible to not displace the family who are renting, so I intend to offer them $20k at closing for them to use toward a down payment. Is this transaction legal in the state of Illinois?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

It is generally legal in Illinois for a landlord to offer a tenant financial assistance toward the purchase of the home they are currently renting. This type of transaction is sometimes referred to as a "lease-to-own" or "rent-to-own" agreement.

However, there are a few...
View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: How do I get help filing a complaint against my landlord for shutting off my water and telling me to get out

I'm in Christian county, Illinois. I have went to every authority you can imagine all the way to the mayor and cannot get anybody to help me. The circuit clerk's office won't even tell me what papers I need to file the complaint

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In your situation, it's crucial to understand your rights as a tenant, which include access to essential services like water. Your landlord's actions may violate state and local housing laws. Seeking legal advice is advisable, as a lawyer with experience in tenant rights can guide you... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord disabled the smoke detector in my unit remotely in order to create a false pretense for entry to my unit.

I believe the property management at my apartment building disabled the smoke detector in my unit remotely from the fire alarm control panel in order to create a false pretense to enter my unit at 11:30 pm. There is more backstory here, and more details as to why I believe they did this, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

This is a serious situation that involves potential harassment and fire code violations. Here are some thoughts on your questions:

1. Harassment and legal action: If the landlord disabled your smoke detector under false pretenses to gain unauthorized entry, it could be considered harassment...
View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have a question about a landlord tenant possible harassment issue.

I believe the property management at my apartment building disabled the smoke detector in my unit remotely from the fire alarm control panel in order to create a false pretense to enter my unit at 11:30 pm. There is more backstory here, and more details as to why I believe they did this, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Based on the information you've provided, it does seem like the property management's actions could be considered harassment, especially if they entered your unit without proper notice or justification. However, before taking any legal action, it's essential to gather as much... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: HOA has expired but but being collected for without letting residents know that it has expired. Is there recourse?

I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:

1. Request documentation: Ask the sender for official documentation proving that the HOA is...
View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: We are being harassed by managers hired by the landlord and they are doing unjust practices and lying to get us evicted.

Hello we are a family living in south holland. We are being continuously harasser by assistants our landlord hired to manage for him. It started with them waiting out in the cold around the corner for us to return from grocery shopping and ambushing my mother outside with a paper informing of new... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

I'm sorry to hear about the difficult situation you're facing with your landlord's management. Dealing with harassment and unjust eviction attempts can be very stressful, especially when it disrupts your family's peace and security. It's important to remember that you have... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Illinois on
Q: Is it possible to get my security deposit back as a victim of domestic violence?

The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is it legal for my landlord to have my car towed from the complex? I am behind on rent and planning to move. CHI, IL

I have been living here for the past four years and recently fell behind on rent, and my landlord wants me to move out and I agreed to move out and I am just packing up my things slowly, but still live in the unit. I went outside at 3:30 AM and realized that my car was towed, is it legal for him to... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

In Illinois, landlords generally do not have the legal authority to tow a tenant's car directly without following proper legal procedures. Evictions and related actions must be conducted through the court system. If you're behind on rent and your landlord wants you to move out, they... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Hello, my landlord has kicked me out without 30 day noticed and even threatened to kill me.

She has costed me loads of money by doing that, holding everything hostage, even costing me money I could be earning right now as I'm homeless and having to make appointments to find a place to live right now. I am completely broke right now and because of all the damage she has caused me even... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

In Illinois, landlords are required to provide tenants with a proper notice before eviction, typically a 30-day notice for month-to-month tenancies. If your landlord evicted you without this notice and threatened you, this is a serious matter. Your landlord’s actions appear to violate tenant... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can my landlord make tenants pay water, sewer and trash not listed in lease to an independent utility company?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

In Illinois, a landlord typically cannot make tenants pay for water, sewer, and trash services that are not explicitly outlined in the lease agreement. Lease agreements govern the rights and responsibilities of both parties, and any changes to these terms usually require mutual agreement. If a... 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 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 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.