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Emma Lee Scott

Emma Scott’s Answers

453 total

  • Eviction Notice

    My 20 year old son and his 17 year old girl friend live with us, and he only pays us $100 a month cash for food, and has never paid any rent of any kind. He is making our life miserable and we want him out. I am not sure what form to use, the sta...

    Emma’s Answer

    If he won't leave willingly, then you'll have to use the standard eviction procedure to kick him out.

    If he doesn't have a written lease, the law views him as a month to month tenant. Month to month tenants can be evicted with a 30 day notice for any reason. You must issue the notice and wait 30 days. If he doesn't leave, then you must go and file an eviction suit.

    If you have a written agreement with him, then he must breach that agreement somehow, proper notice must be given, and then a suit can be filed.

    In either case, I recommend getting a consultation with a landlord tenant attorney before moving forward. They will listen to the specifics of your situation, advise you properly, and make sure the proper procedure is followed.

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  • I have a no pet rule within my condo association. What do I need to rent out my unit to a tenant who has a service pet?

    I have a prospective tenant who says she has a service pet due to being narcoleptic. However, the condo association has a "no pet rule". What do I need from the tenant to allow her to move in the unit with her dog, if emotional or service pet?

    Emma’s Answer

    If your tenant has a certified service animal, and her disability is covered by the Americans with Disabilities Act, she can't be prohibited from having the animal in her unit. Under ADA and the Fair Housing Act this would be considered a reasonable accommodation. Recommend checking with an attorney specializing in disability or fair housing issues to help you navigate the process of getting it approved by the board.

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  • Tenant has three months left on their lease and want to get out of the contract...

    Tenant has three months left on their 1 yr lease and want to get out of the contract and move (says he has a lower paying job that's farther away) closer to the new job. He's telling me to keep the deposit and use it for the (10th month's rent) an...

    Emma’s Answer

    When tenants terminate a lease early, Illinois law requires landlords to mitigate their damages. This means landlords must make a reasonable effort to find a new tenant to take the unit as soon as possible. This doesn't mean you have to take the first person who walks through the door, but I think the tenant's suggestion to start looking now is a good idea. Reasonable is USUALLY (circumstances vary) a couple of months.

    You're not required to take the security deposit as the last month's rent (unless specifically set out in the lease). Whether or not you do is your choice, but it's likely you can only hold him liable for 2 months worth of rent.

    I highly recommend getting a consultation with a landlord-tenant attorney to further discuss the specifics of your situation.

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  • Month to month tenant got a 5day notice and 10 day notice @ the same time are those the appropriate notices?

    I lived here for 10yrs I been late n the past there was no problems I always have given notice Of the rent going to be late and when It will be paid then one day I came home and I have these notices posted on my door I haven't been served yet bu...

    Emma’s Answer

    I agree with the answer above. From what you stated above, you have been served with the notice to pay rent, but not the eviction summons & complaint, which is what will tell you when you need to go to court. If the landlord has served you with these notices but the time period didn't expire, their complaint may have been filed prematurely and you could still have time to pay the rent in full.

    As you can see, there are a lot of possibilities. So, as stated above, seek counsel to determine the options for your specific situation.

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  • How much does an eviction cost a landlord in Cook County Illinois?

    New landlord trying to get an approximate best case and worst case $ cost and amount of time from start to finish for evicting a tenant in Cook County Illinois. I heard that Cook County will not kick out tenants during the winter months. Is this t...

    Emma’s Answer

    It's difficult to determine what an attorney will cost you, as they have different rates. Filing fees can be found on the court website at Add to that $60 Sheriff's Service fee for each party that needs to be served. Amount of time will also vary with your situation and depend on whether the tenant raises defenses, etc.

    It is true the Cook County Sheriff usually has an eviction moratorium during the winter months but that should be ending shortly. However, they do have a backlog of evictions. If you file an eviction case and order Sheriff's service, you can inquire in their office about how long the wait is from time of order of possession.

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  • Hi! I'm trying to leave my rental apt now, tho my lease is up 5/1. I found a dream tenant for 3/15 thru next year.

    Dumbfounded that landlord is refusing to entertain this option.Suddenly claims he has other plans for apt, tho he had asked if I want to renew. I have not pd Mar; he can keep my sec. dep of $1300. By contract I'm responsible for addn't $1300 for A...

    Emma’s Answer

    • Selected as best answer

    Landlords in Illinois must mitigate their damages when a tenant terminates a lease early. This means they must make a reasonable effort to find a new tenant for the unit. It does NOT mean they must accept your proposed tenant. It's up to them. If he tries to sue then your proof of presenting a potential tenant might be relevant and helpful.

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  • Landlord/Tenant Responsibility

    Hello I am looking for help I'm renting a duplex that is owned by a man and his wife. I am the only renter in the building last Sunday my neighbor downstairs said that there is water damage coming from a leak in my unit. Upon inspection my landlor...

    Emma’s Answer

    State Farm is correct. This repair is the Landlord's responsibility.

    Since you're in Chicago your property is likely covered by the Chicago Landlord Tenant Ordinance (CRLTO), which dictates how this situation should be handled. I recommend speaking with a landlord tenant attorney who knows the CRLTO and can help you deal with this situation in compliance with the ordinance. This will most likely involve sending a 14-day notice to the Landlord, but an attorney can review the specifics of your case and advise you on the best way to move forward.

    Good luck!

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  • Can I break my lease of my roommate can't fulfill his half of the rent?

    My roommate has been late 2 months in a row. He has just recently wrote a letter to the building manager stating that he can no longer afford to live at our apartment. This is due to financial hardship caused by a child support case that has bee...

    Emma’s Answer

    I agree with both responses below, but would add, why not get another roommate? If the landlord will let your roommate sublet his portion of the lease, that may be a solution.

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  • I'm having issues with my landlord, and just received a 5 day notice with an incorrect amount of what's owed What are my rights?

    I am a mom of 5 my youngest has a disability we moved in on September 2014 On December I was told that he had sold the building to his son and on Xmas Eve his son had txt my husband stating that we needed to be out of the apt by February 1st becau...

    Emma’s Answer

    The answer to your question depends on what your lease situation is. If you have a month to month tenancy (no lease), then they may evict you with 30 days notice for any reason and you should prepare to move. If you have a lease, then arguably you're entitled to stay there through the end of the lease. However, since you owe January rent they could evict you on that basis. If they're trying to evict you because you lawfully refuse to move, then the reduction of heat might be retaliatory, which is illegal.

    As you can see, there are several factors here, and so I recommend talking to a landlord tenant attorney to discuss your situation in more detail.

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  • Can I argue in my defense I never defaulted on a foreclosure?

    I was inherited a home from my mother that still had a mortgage left due. I got behind a month and received my 30 day letter to come current and which I did but the bank decided to accelerate the loan and demand it in full. I continued to pay and ...

    Emma’s Answer

    You have options other than bankruptcy, especially if the mortgage is your only debt.

    You should continue to look for an attorney to review the mortgage and terms of the trust for which you're a beneficiary. The acceleration may not have been proper, and you may or may not be personally liable on the debt.

    If you can't find someone in Kankakee keep looking outside your area. Try looking at the Association of Foreclosure Defense Attorneys' website. For information and possibly an attorney in your area.

    Good luck.

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