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Mark Aaron Silverman's Answers
- 37 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Tenant's rights under IL landlord tenant laws regarding rat infestation, duties and rights of landlords
If this was a Chicago rental in a NON-owner-occupied building, then you ought to mail by certified mail a letter to your landlord stating that: ========== We have rats in the apartment that are coming in through openings in the walls. This is material non-compliance with section 070 of the RLTO and if this is not remedied within 14 days of your receipt of this letter our lease will be terminated and we will move out and expect return of our security deposit as required by law, or an itemized...
7 people marked this answer as helpful
4
Attorney answers:
Appartment building is infested with bed bugs, does landlord need to solve this problem?
This is not Chicago or Evanston, which have more protective local ordinances for tenants than Berwyn, which has none. But you still have the state law. It's not great, and it does not apply to OWNER OCCUPIED buildings that ALSO have 6 or fewer units. It's called the Illinois Tenants' Right to Repair Act, 765 ILCS 742. It was born relatively recently in 2005. This Act lets a tenant "repair and deduct" from rent, but ONLY IF THEY EXACTLY FOLLOW ALL of its requirements, including "certified...
2 lawyers agreed with this answer
3
Attorney answers:
Terminating the lease
If this is in Lansing and not Chicago then yes the other attorney's answer is generally correct. However you always do have the right to find a subletter, or replacement tenant who has comparable credit to yours and can post the same security deposit and agree to the same rental term. If you or the landlord find someone the landlord accepts, you still can end up owing rent for the whole lease, but not if the replacement tenant ends up paying all you would have paid, because they live there...
1 lawyer agreed with this answer
3
Attorney answers:
Can a landlord do building construction without notifying the tenants?
I would have to disagree with the other attorney's answer, in that (1) if you have suffered permanent injury from the dust or fumes, it is at least possible that the landlord's or their agents' conduct could result in liability to you; and that (2) if you pay all rent due and cause no damage / dirtiness to the apartment except "normal wear and tear", then the deposit should be returned in full. Failing to keep a place tidy is not a basis for deposit deductions. The first thing you should...
2 people marked this answer as helpful
1
Attorney answers:
Landlord tenant laws of IL regarding tenant's right to sublet rooms
Your lease is really a contract between the landlord and "Tenants" generally, who are jointly and severally liable. If you were a subleasee yourself, and didn't sign anything with the landlord, you may be liable only to the other tenants, and not the landlord, but this is a messy situation because there are no clear rules for it. Since this is in Chicago, you may want to have your lease reviewed by a lawyer in Chicago who is familiar with the RLTO to see if your lease can be terminated...
1 lawyer agreed with this answer
2
Attorney answers:
Tenant asking if the Illinois Security Deposit Return Act applies to his former building.
It does not matter how many units are rented, just that there are 5 units or more in the building. If this is in Chicago, then you are not covered by RLTO because it is owner occupied and less than 7 units, but, the Return Act could still apply.
1 person marked this answer as helpful
2
Attorney answers:
Can my lanlord raise my rent after giving me a 30 day notice if a dont move out by the date? we are on month to month tenancy.
Yes. It has to be a 30 day WRITTEN notice though.
1 person marked this answer as helpful
1
Attorney answers:
Putting a five day notice under a tenant door is that considered a posting and in court you can't expect to get judgement
If you sued for rent in your eviction and judgment for rent was not awarded you, then it's over and you cannot sue the tenant again for rent in another case. It's called res judicata, which practically means no re-do's. Next time perhaps use an attorney who knows the rules. They are fairly specific and need to be adhered to. Good luck
1 person marked this answer as helpful
1
Attorney answers:
10 yr tenant, no issues. 3/30/10 10 pm landlord served a 30 note to move, pending a R.E. deal, which failed, wants me to stay
Assuming this is in Chicago, and in a building that (1) has 7 or more units OR (2) is smaller but NOT owner occupied, the the Chicago Residential Landlord & Tenant Ordinance ("RLTO") applies to your rental. That would be good for you. Since you had a month to month lease, the landlord was entitled to give you a written notice to terminate the lease effective 4-30-10 on 3-30-10, which she did. That terminated your tenancy 4-30-10, and we recommend strongly that you vacate and return the keys...
1 person marked this answer as helpful
1
Attorney answers:
I exercised my right to pay reduced rent - now my landlord subtracted it from my security deposit.
First it's important to determine if the Chicago Residential Landlord & Tenant Ordinance ("RLTO") applies to your rental or not. If the building has more than six units, then it does. If the building has fewer than six units, then it still does UNLESS the owner lives in the building. Other than that, the RLTO usually applies to all units. Under the RLTO your reduction of your rent may or may not have been legal. A specific series of notices containing certain language have to be received...
1 person marked this answer as helpful