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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord not returning security deposit

I am living in Bloomington Illinois. Last month we were planning to move out of our current unit (3rd floor) and move in to (1st floor) same building. The person moving out from 1st floor is my friend. We both went on June 19th and he gave a move out from July 19 and I gave move out from 3rd floor... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

If the $600 was a non-refundable application fee, then they don't need to return it. If it was a security deposit, they need to return it within 30 days after you move out. Usually landlords don't take security deposits until you sign the lease.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I had a tenant break lease early and refuses to pay the termination fee in the contract she signed.

There was a two week notice clause in the rental contract ($300). She up and left then said she would pay me but still is giving me the run around, what legal recourse do I have? There is also a section in the contract that states she will cover legal fees if we go to court.

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

You can sue her for breach of contract. You can sue yourself in small claims court and ask for court costs in addition. You can hire an attorney to sue for you. You may be able to collect your attorney's fees, but she may be judgement proof, meaning she may have no money or assets to go after.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: Built home last year and the builder has our home photos all over his builders realty website. Not in our contract.

The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... Read more »

1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... Read more »

James Kottaras
James Kottaras answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in Illinois subsidized housing. I am disabled and live in an apartment. We are being told we can't have visitors.

We are being told it's because of the Coronavirus and I don't think they have the right to tell us we can't have the family come and visit us. I want to know if they have that right since this might be something that will go on for quite a long while and it doesn't seem right... Read more »

Robert Shipley
Robert Shipley answered on Jun 13, 2020

I would recommend you review the terms of your lease to determine if there are any restrictions. Additionally, are there building rules/regulations which apply. Alghough due to COVID many buildings are adjusting their normal procedures, access to an individual's unit should not be restricted.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Illinois on
Q: Is there a way to make an eviction date come sooner?

I live with my mom and younger sister (13) and my mothers ex boyfriend has been living with us for about 4-5 years now and finally we have gotten an eviction notice for him but its not set until July 1st. Lately he has been yelling at us and making us uncomfortable and scared in our own home and is... Read more »

Cheryl Powell
Cheryl Powell answered on May 8, 2020

Yes. You may obtain an emergency order of protection. Contact your local women's center. They have trained advocates to get you through the process without having to file a lawyer.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: What should I do I rent an apartment and when I was walking down stairs the stair broke to where my foot went through.

Hurting my back and foot is swollen and bruised. Where should I go from here.

Jeremy Wang
Jeremy Wang answered on Apr 13, 2020

If you are experiencing pain then you need to seek medical attention right away. An injured person should not allow the Co-vid 19 pandemic to result in untreated pain, or even worse, allowing a severe injury to become permanent or cause death out of fear of going to the doctor. The emergency rooms... Read more »

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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I vacated & paid a property mid month where the landlord did not send a lease? He says I owe for the whole month?

Do I still owe for the whole month? I've lived at the rental property for 4 years and the last year, the landlord did not send a lease.

James G. Ahlberg
James G. Ahlberg answered on Feb 7, 2020

You probably owe for the whole month, but it's impossible to be sure without reviewing the terms of the last written lease you had with the landlord.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Illinois on
Q: Would arbitration be a win, as small claims is up in the air

had issues with the apartment and complained to HUD's state housing contractor and IC3.gov about the loss of funds and abuse by the landlord. Landlord owes me $4 taken out for rent and partial rent for breaking lease early

Tim Akpinar
Tim Akpinar answered on Feb 1, 2020

As a general matter for any forum, it's difficult to say whether something would be a win. One of the advantages with arbitration is the loosening of rules of evidence and civil procedure applied in more rigid forums, offering parties the possibility of resolving disputes in a more streamlined... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Illinois on
Q: Good afternoon: I have an issue with a landlord-tenant dispute in McHenry County.

A friend rented from a private house in McHenry County. There was an issue with monies owed but my friend has paid the back rent. There is no lease involved. The landlord had agreed to pay the utilities but did not and the water was shut off.

Conflict arose concerning the utility shut... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 27, 2020

You don't have an issue with the landlord, your friend does. He should contact an attorney.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My ex and I were living together. We both signed a lease. I moved out. He failed to pay rent. I got served a summons.

The lease was signed in 2015.

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

Most leases state the parties are jointly liable for the rent. This means the landlord can come after either one of you for the full amount. A lease may state each party is responsible for half the rent, but this is very rare. In other words, it's likely you're stuck for the full amount... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can you get evicted for smoking in your apartment if you have Oxigan

No

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

If your lease forbids smoking, yes. Possibly if your lease forbids you from doing anything in the apartment that might cause the landlord's insurance to increase. You must realize the danger of smoking near an oxygen supply or you wouldn't have asked the question.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: When we sell the condo, would I be able to get the 50% of the value of the condo that my mom agrees to for a long time?

My parents were divorced when I was 14. However, my dad came back in our life at one point. He offered to put down half the down payment for a purchase of a condo in my mom’s name in 2007 as a redemption and to help me through college. Both my mom and dad put down $140000 for a $305000 condo. My... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

If the condo was solely in your mother's name, and if the 2012 deed to which you refer was recorded in the Recorder's Office, then you are entitled to 50% of the net proceeds if it is sold. If the deed wasn't recorded or doesn't get recorded, you need to talk to a lawyer ASAP.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: So me and my girl friend are renting a 3 BR home. My family (different address) is getting evicted from their home

I have offer to Put them up for a few months, but the landlord was made aware of the situation and is telling me they do not have permission to stay until they find a new home. She has brought up getting background checks on them, or the city may see them living there and evict them, even though it... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 21, 2019

No lawyer can give a solid answer to your question without reviewing the lease between you and the landlord. Your best bet is to make a brief appointment with a lawyer. Bring your whole lease with you, not just the parts that seem relevant to you.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: can this cause problems?

This is my first time renting an apartment with my boyfriend and our son

when we applied we never mention anything about our 3 year old son. We will be moving in tomorrow and i am scared that this might cause a problem with the landlord since it's only a 1 bedroom apartment. Is there... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 21, 2019

No guarantees, but it shouldn't cause a problem as long as your son is in your legal custody -- and unless there's a court order giving custody to someone else, he is.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My lease says im responsible for pest control but I live in an apartment building. My apartment has bedbugs.

I have seen other tenants throwing away couches and beds. Lets say hypothetically, my apartment is the only one with bedbugs. Would I have to pay for the whole entire apartment building to be sprayed?

James G. Ahlberg
James G. Ahlberg answered on Nov 15, 2019

An attorney can't give good advice on your question without having a copy of the lease in front of him or her. You'll need to meet with a lawyer.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Illinois on
Q: If I cant negotiate with the judge, would Chapter 7 , a bankruptcy stall her eviction if negotiation fails? or What woul

She faces a judgement of over $4,000 for failure to pay rent, but she has evidence she paid partial, and she is on SSDI. Her landlord raised the rent from $625 to $650, she has not had any repairs done on her apt as she had requested. Judge said to come with evidence and or a witness to help her... Read more »

Timothy Denison
Timothy Denison answered on Oct 5, 2019

A bankruptcy would delay her eviction for a while. The judge has no discretion to allow her more time. There is no negotiation with the judge. The only question to be answered is whether or not the rent has been paid.

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