Michael Emmet Forkan’s Answers

Michael Emmet Forkan

Lockport Family Law Attorney.

Contributor Level 9
  1. Can we lock out a tenant who is in default for non-payment on a commercial lease?

    Answered over 2 years ago.

    1. Michael Emmet Forkan
    2. Gini S. Marziani
    3. Jeffrey Logan Whitcomb
    3 lawyer answers

    A landlord cannot lock out or remove a tenant without a court order. A landlord must bring a forcible entry and detainer suit in order to end the tenant’s right to possession of a commercial property. Even if the lease has a provision that states the landlord can lock out a tenant. You still have to go into court and get a court order the landlord must have a court order before they can lock out or take away possession of the commercial space from the tenant.

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  2. Roommate refusing to pay utilities. Do I have a case to take her to small claims? Total $250 unpaid.

    Answered almost 3 years ago.

    1. Michael Emmet Forkan
    2. Pamela Koslyn
    2 lawyer answers

    The filing fee alone for a claim not exceeding $250 in Cook County is $119.00. Is the time and effort of trying to collect $250 really that worth it? You will need to prepare a complaint, file it, make sure it is properly served and then appear in court and prove your case. And just because you get a judgment doesn't mean you will automatically get paid. Do you really need the money or is it just the principal. You should consider it a lesson in roommate relations and move on.

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  3. Do women get child custody in illinois automatically

    Answered almost 3 years ago.

    1. Michael Emmet Forkan
    2. Jeffrey Logan Whitcomb
    2 lawyer answers

    In divorce petition you can request custody of the children. Child custody battles are emotionally charged, extremely costly and generally not pretty and involve a lot of parties -- lawyers, Judges, social workers, psychologists, and guardians. Women do not necessarily automatically get custody. It would seem like this is the case because traditionally women have been the primary caretakers of children in a relationship. But as times have changed so have traditional gender roles and the notion...

    3 lawyers agreed with this answer

  4. I want to file a service by posting today for eviction.Tenant will not come down for summons by i want her out sooner.

    Answered almost 3 years ago.

    1. Michael Emmet Forkan
    2. Jeffrey Logan Whitcomb
    3. Mark Aaron Silverman
    4. Stephen Samuel Messutta
    5. Berton N. Ring
    5 lawyer answers

    I depends on if you followed all of the proper procedures in filing the case. First, you must have properly served a 5 day notice to the tenant or someone over the age of 13 residing at the apartment. If the tenant has abandoned the apartment this can be done by posting. One particularity if the eviction is for non-payment of rent you must have the correct dollar amount in the 5 day notice that the tenant must pay in order to "cure" their breach of the lease. Second, after the 5 day...

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  5. Do I resolve issue of late May rent payment with landlord prior to court date that he initiated?

    Answered over 2 years ago.

    1. Robert Jeffrey Long
    2. Michael Emmet Forkan
    3. Gini S. Marziani
    4. Danya Shakfeh
    4 lawyer answers

    First, the landlord'd 10 day notice may not have been proper. He needs to serve it personally on you personally, or upon someone over the age of 13 in the apartment, or mailing it to the tenant by certified or registered mail, with a return receipt from the tenant. Generally, If you pay the entire past due amount to your landlord you can stay. I would bring a witness with you when you go to pay. However, you may also be able to get the eviction case dismissed due to improper notice....

    2 lawyers agreed with this answer

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  6. What does it mean when you lose guardianship of your children?

    Answered over 1 year ago.

    1. Gary L. Schlesinger
    2. Michael Emmet Forkan
    2 lawyer answers

    Are you the parent? Who has guardianship at the moment? This site has good information regarding DCFS and gurdianship http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_Content&contentID=852

    2 lawyers agreed with this answer

  7. Is anyone a free pro bono lawyer in dupage il that will represent in court for family law in visitation?

    Answered over 1 year ago.

    1. Michael Emmet Forkan
    2. Peggy Margaret Raddatz
    3. David Matthew Gotzh
    3 lawyer answers

    Have you contacted the DuPage County Bar Association? http://www.dcba.org/legal-community/18th-circuit-resources/dupage-county-legal-aid-service

    2 lawyers agreed with this answer

  8. How do I deal with City of Chicago violations

    Answered over 1 year ago.

    1. Michael Emmet Forkan
    2. Judy A. Goldstein
    3. Stephen Samuel Messutta
    3 lawyer answers

    You should contact the City's attorney to see if you can work something out. If you want to avoid personal liability you will probably have to file bankruptcy.

    1 lawyer agreed with this answer

  9. I failed to make a the ordered payment for a USE AND OCCUPANCY. Can the landlord file a motion to say am in contempt of court?

    Answered over 2 years ago.

    1. Michael Emmet Forkan
    2. Gini S. Marziani
    3. Rostyslav Saciuk
    3 lawyer answers

    If the court awarded use and occupation to the landlord and you failed to pay per the court’s order, then the landlord may seek sanctions, one of which is the entry of a judgment in favor of the landlord for possession, without a trial.

    1 lawyer agreed with this answer

  10. How can I break my lease legally

    Answered over 2 years ago.

    1. Michael Emmet Forkan
    2. Berton N. Ring
    3. Gini S. Marziani
    3 lawyer answers

    How much time is left on your lease? Is the property in unlivable condition? You might want to talk to your landlord and try to come up with a resolution to your issues. If you move out before your lease is up you could be liable for the rent of the remaining months. Check out the legal aid website for a more detailed explanation

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