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Christopher R. Minelli

Christopher Minelli’s Answers

174 total


  • Can i sue my current landlord/owner for breach of contract if a few of other tenants have pets in the bldg?

    It specifically states in the lease agreement no pets are allowed in the bldg. I have notified the on-site manager and she has done nothing and allows it. I have been dealing the noise or scampering in the middle of the night, etc., which has affe...

    Christopher’s Answer

    I agree with the above analysis. A lawsuit is something any lawyer will tell you is the absolute last thing you want to pursue, and then only after all other options have been spent. A suit is costly, time-consuming, may end in poor results, and (most importantly) will create bad feelings between you and your neighbors that may make your living situation even worse than it is now.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262
    www.minelli-law.com

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • How much notice should a landlord give a tenant before showing that tenants apartment to others who are looking to move in?

    My landlord is looking to have other possible tenants come look at the property that i am currently living in. This morning he came to the apartment at 6am an told us that tomorrow at 6pm he is going to be showing the place to a couple. I just wan...

    Christopher’s Answer

    The answer depends on local landlord-tenant law and your lease. Look at the provisions of the lease you signed with the landlord and determine if it has a notice provision in it that answers your question. Otherwise, call your local city hall and ask if there is a landlord-tenant ordinance enacted in your area. These are usually available on the city's website and will more than likely answer your question.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262
    www.minelli-law.com

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • My landlord does not supply heat or hot water in my apartment. The lease stipulates the tenant must pay for all. Is this legal?

    When I signed my lease I challenged my landlord on this article and he told me if I didn't sign with all articles intact then I could not rent the apartment. I complied because I had no other options. My gas bill has been steadily increasing as t...

    Christopher’s Answer

    The default rule is that a landlord and tenant can contract for whatever arrangement they wish, provided the landlord rents the tenant a "habitable" premise. This can be defined to a certain extent in the lease.

    That being said, your issue depends on local law. In New York, I am aware that the local government has enacted a very progressive set of landlord-tenant ordinances. The ordinances, or state law, may dictate that a landlord is required to provide certain services in a certain way. If not, then your lease would dictate the relationship.

    In encourage you to call a local attorney and inquire into whether local ordinances would override your lease arrangement. Many attorneys provide free information over the phone, or at least a low-cost initial consultation. It might be worth your time, especially since your gas bills are rising.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • My landlord in Illinois will not do anything for our mold problem.

    What are my rights as a tenant? Also, what are her rights as a landlord? I need to get this mold cleaned up quick, it is causing my girlfriend to break out in rashes, and making her feel sick constantly while in the comfort of her own home. How ...

    Christopher’s Answer

    Every state (Including Illinois) has some theory of "warranty of habitability," meaning the landlord must provide the tenant with safe, livable premises. What this means is subject to interpretation state by state, but in general if the conditions violate local housing ordinances you may have a case. The situation (from an Illinois attorney) does seem to raise eyebrows.

    Your rights as tenant would be (1) to leave and defend any future lawsuit for rent from the landlord based on the defense of warranty of habitability, or (2) stay and deduct from your rent the difference between the rent and "reasonable market value." Both of these options have risks involved and I would suggest speaking with an attorney before taking any course of legal action.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Do I have a valid case for a landlord that allowed us to live in a mold apartment and have our propery damaged?

    Landlord allowed us to live in a moldy condo for 3 months, he is allowing us to break 1 yr lease without any fees but problem is now some of our belongings are damaged and our health has been in jeapordy, including our toddler's. We have been comp...

    Christopher’s Answer

    Every state has some theory of "warranty of habitability," meaning the landlord must provide the tenant with safe, livable premises. What this means is subject to interpretation state by state, but in general if the conditions violate local housing ordinances you may have a case.

    I would suggest talking to a local attorney about the mold specifically. A local attorney will be able to provide you specific advice about the law in your jurisdiction. The situation (from an out-of-state attorney) does seem to raise eyebrows. Your "remedy" in an appropriate situation would be the difference between rental value and market value, plus ancillary damages you suffered from living in an apartment infected with mold.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Is it against the law to let tentants move into my apartment and i know it has black mold

    can they withhold rent money. is it my fault for there health problems.

    Christopher’s Answer

    Every state has some theory of "warranty of habitability," meaning the landlord must provide the tenant with safe, livable premises. What this means is subject to interpretation state by state, but in general if the conditions violate local housing ordinances you may have a case.

    I would suggest talking to a local attorney about the mold specifically. A local attorney will be able to provide you specific advice about the law in your jurisdiction. The situation (from an out-of-state attorney) does seem to raise eyebrows. I would highly doubt renting an apartment to a tenant when you have actual knowledge of a mold problem is legal, and it certainly is not ethical.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can a tenant in queen annes county md force a landlord to replace windows if covered in mold if the tenant has a verbal lease

    SIngle paned windows covered in mold, drafty doors that increase the electric bill and is causing the family to have chronic sinus infections

    Christopher’s Answer

    If the landlord-tenant relationship is entirely oral (without a written lease) then the common law and applicable state landlord-tenant statutes will govern the relationship. Every state has some theory of "warranty of habitability," meaning the landlord must provide the tenant with safe, livable premises. What this means is subject to interpretation state by state, but in general if the conditions violate local housing ordinances you may have a case.

    I would suggest talking to a local attorney about the mold specifically. A local attorney will be able to provide you specific advice about the law in your jurisdiction. The situation (from an out-of-state attorney) does seem to raise eyebrows.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • If i am delinquent on bmw lease, can they report car stolen and when?

    i am 3 months delinquent and need car for work, the collector says he is going to report auto stolen?

    Christopher’s Answer

    You might have a variety of issues. I have never heard of a case of an auto lease being reported as stolen. The UCC (the statute applicable to your case) provides a structure for how a secured creditor like BMW can re-possess the automobile. You do not seem to possess the requisite intent to permanently deprive BMW of its automobile, seeing as you know it is a lease and intend to give it back at the end of the term.

    I am concerned that the debt collector threatened criminal action against you within a sufficient basis. That may violate the Fair Debt Collection Practices Act. I would speak to an attorney if you are continuously threatened like that.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • UCC question regarding sales of recycled clothing

    I want to buy recycled clothes, decorate them and resell. What do I do about the label of the original manufacturer? Do I cut out or leave in?

    Christopher’s Answer

    There is nothing particularly objectionable about modifying items you already own for re-sale. By adding your own materials, intellectual property (the design), and not claiming it was made by the original manufacturer you should be within the limits of the law.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • I paid a well known shipping comp. to send a pkg. to Mex. in 2 days. It's been 3 wks. and nothing. Can I sue?

    They work with independent "agents" who take days to update any details with them. First address "couldn't be found", then they wanted the recipient to wait in the house all day for them. All this was discovered throughout several days at a time. ...

    Christopher’s Answer

    You might be surprised to know that shipping companies are insulated against losses, etc. in transporting goods from both contractual limitations and statutes. Generally, most carriers will disclaim as much liability as legally possible in the contract you sign with them (in the fine print, of course) or will assume you "consent" to such limitation by simply using their service. These limitations are regularly upheld in court.

    Further, since you are shipping out of the country there are certain statutes that limit a carrier's liability unless the statute is disclaimed in the contract for carriage. This is regulary ignored by high volume shippers like the type you are describing.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question