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Illinois Landlord - Tenant Questions & Answers
1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Illinois on
Q: My landlord says that he can charge a pet deposit and monthly fees for my emotional support animal. Is this true in Il?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

No. It is not. It’s covered by the FHA which is a federal law.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I have a Landlord tenant question .... I have a landlord who is not cashing my late payments in a timely manor .

I need some legal advice . I have a Landlord who is not cashing late payments on rent in a timely manor . He is also not giving receipts for payments . I have noticed he only does this with late payments . When I pay rent on time my checks are normally cashed within a few days .... He has no office... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

What is your question? This may make balancing your checkbook harder, but it has no other effect on you.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Illinois on
Q: I am in a current situation where i am renting a basement to live from my parents. What are my rights?

I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... Read more »

Juan Ooink
Juan Ooink answered on Oct 13, 2020

Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My new phy disability is making living in my apartment very difficult. Can I break my lease

My physical disability which keeps me in a wheelchair most of the time has been getting worse and it is very hard for me to live on my own. On top of that with COVID it has become unsafe to live in a building with hundreds of people because getting COVID can be very dangerous for me. Can I break my... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

An Illinois attorney could advise best, but your question remains open for two weeks. A landlord-tenant attorney would know this better than a personal injury or real estate attorney; you could repost in that section. But being surrounded by a dense concentration of people doesn't sound like... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can your car be towed if you are behind in rent
Cheryl Powell
Cheryl Powell answered on Aug 30, 2020

If you are behind in rent you should have gotten a 5 day notice to quit from the landlord, which basically says move out or pay up. After that period is completed and you have not paid up, then you are sort of a squatter. I imagine this is your situation. then you have to be served with eviction... Read more »

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.

2 Answers | 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.

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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.

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