Christopher R. Minelli’s Answers

Christopher R. Minelli

Chicago Business Attorney.

Contributor Level 12
  1. I have a lease with my roommate with 10 months left. She is planning on just moving out. Does she have to give notice/payment

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    In Illinois a lease is interpreted by contract law concepts. Your roommate, when she signed the lease with you, is effectively a cosignor. She is jointly and severally liable on the lease obligations (including rent payments) for the entire span of the lease unless the she, yourself and the landlord come to some sort of agreement. This of course is the general rule, and your lease may provide otherwise. NOTE: This answer is not intended to be legal advice and should not be construed in...

  2. Can a landlord terminate a lease early due to violations caused by the tenant?

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    This is tricky ground. As you know, the relationship between landlord and tenant in Chicago is dictated by a tangled web of state law, the Chicago Residential Landlord Tenant Ordinance ("RLTO"), and the written lease agreement. Generally, a landlord can evict a tenant for lease violations provided they are articulated somewhere in the lease or in attachments to the lease such as a list of rules and regulations for the rental property. Note that both state law and the RLTO provides a...

  3. The basement apartmen flooded and know the landlord don't want to pay my damage stuff and give me my deposit money

    Answered over 5 years ago.

    1. Christopher R. Minelli
    2. Salim John Sheikh
    2 lawyer answers

    Tenants in Chicago have certain rights afforded to them by Illinois state law, the Chicago Residential Landlord-Tenant Ordinance ("RLTO"), and the common law of contracts as it pertains to your lease. The RLTO and state law require a landlord to provide an apartment of a certain level of quality, known as "habitability." You may have a claim based on this principle in court depending on other facts that existed between you and the landlord prior to the flood. An attorney would be able to...

  4. Can my elderly parents get out of having cosigned for their grandson's Sally Mae loan?

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Unfortunately, the answer is likely "no." A complete and final answer would require an attorney to review your son's promissory note to determine the terms your parents agreed to and try to determine if there is any way to break them lawfully. If your parents are getting harassing calls then I assume your son has defaulted on his loan. In this case, your parents are as "on the hook" as your son is, and unfortunately Sallie Mae will likely not be in any mindset to renegotiate a loan that has...

  5. Buyers recourse against misreprensation of car during sale?

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    In theory, you have potential fraud claims. Fraud is an intentional misrepresentation of material fact uttered to mislead the listener, which actually causes the listener to be mislead to his detriment. There are two types of fraud in Illinois - common law fraud and consumer fraud (for consumer goods). You likely would qualify for both causes of action if you can show evidence that the statements were intentional (which Illinois requires to be pled with specificity). This is usually...

  6. What do i need to have with me when i go to civil court to settle a credit card dispute?

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The answer depends on how much money you owe. In Cook County, where a defendant owes less than $50,000 the date you are required to "appear" is not a court date. On the appearance date (or better yet, before the appearance date) are are required to file a form that states you "appear" before the court and you filed your fee. At that time, you will be given a "trial date." The "trial date" will be your first time before the court. (Note that, for cases that are greater than $10,000, you...

  7. The director of the nursing program at my city college required students to sign a false statement.

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    One thing many laypersons don't think about before consulting a lawyer is whether legal action is even worth the trouble. A lawsuit or even arbitration / mediation can be very time consuming. The fact your college is a city college (an arm of the state, and thus subject to certain types of "sovereign immunities," or protections from legal action) could make a potential lawsuit even more time consuming and expensive. How were the students injured by the director's actions? If the students...

  8. A person is staying in place of me for one month on a verbal agreement but now is not moving out....

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    You have created what is called a "month-to-month" tenancy with the gentleman who is in your apartment. Even though the lease was oral, it operates as a valid lease in Illinois and you have created a landlord-tenant relationship. This means that all of the provisions of the Illinois Landlord Tenant Act and the Chicago Residential Landlord-Tenant Ordinance ("RLTO"), as well as the provisions of the Forcible Entry and Detainer Act (evictions, etc.), apply. First, it is important to note that...

  9. Wen will i get my drivers license back

    Answered over 5 years ago.

    1. Christopher R. Minelli
    2. Donald Solomon Nathan
    2 lawyer answers

    Remember that the insurance company does not issue your driver's license; the Secretary of State does. Without seeing a copy of your driver's abstract (your official driving record with the state) I cannot opine on how you can get your license back or how long the process can take. However, I recommend sitting down for an informal meeting with an agent of the Illinois Secretary of State to discuss your individual record and how you can work to get driving privileges or your full license...

  10. Can i file a law suit against a person who borrowed 10k from me and did not returned the money?

    Answered over 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Yes, you seem to have a valid claim for "breach of contract." Essentially, this cause of action alleges that you and your debtor had an agreement and he has not lived up to it. Depending on what interest provisions and attorney's fees provisions are in the contract, the claim likely will not be a "small claim." Because of the complexity of the Illinois court system outside of small claims court, I would suggest contacting a lawyer to help you with the lawsuit. You may also have some...