Emma Lee Scott’s Answers

Emma Lee Scott

Chicago Foreclosure Attorney.

Contributor Level 13
  1. Can I sue the previous owner of my home and make him pay for city violations on my new home?

    Answered 8 months ago.

    1. Emma Lee Scott
    2. Thomas O. Moens
    3. Shara D. H. Kamal
    3 lawyer answers

    New owners take a property subject to any existing code violations UNLESS you agreed otherwise with the seller, and their payment of the fines or correction of the issues was made a part of your sale contract. Check the terms of your agreement. If the seller agreed to be responsible for those violations you may be able to sue them for breach of contract.

    6 lawyers agreed with this answer

  2. Deed in lieu

    Answered 9 months ago.

    1. Judy A. Goldstein
    2. Emma Lee Scott
    3. Robert J Adams Jr.
    4. Stephen Samuel Messutta
    4 lawyer answers

    I agree with Atty. Goldstein, and would add that if you don't have a lease, then you're legally in a month to month agreement, state law requires they give you 30 day notice, as if they were your original landlord. The 90 day notice under Protecting Tenants In Foreclosure Act (PTFA) does not apply here because the lease is terminable at will under state law (as a month to month agreement). If the mortgage company doesn't want to keep you as a renter they will likely give you the 30 day...

    6 lawyers agreed with this answer

  3. LOCKED OUT OF A CO-INHERITED HOUSE, IS THIS LEGAL?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Michael T Millar
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Based on the limited facts presented here, a suit for partition is probably your best option. You may also want to retain a probate / estate attorney if the estate hasn't been probated yet. Unfortunately, it will be difficult to find an attorney who will "cap" costs, because costs and fees are very dependent on how the other side responds to the actions you take. However, if you want to do something about this situation, it will almost definitely take an attorney to handle it.

    6 lawyers agreed with this answer

  4. Can an evicting landlord be counter-sued under CRLTO and attorney's fees?

    Answered 11 months ago.

    1. Emma Lee Scott
    2. Joseph Andrew Brabender IV
    3. Randy Eric Weinstein
    3 lawyer answers

    The Forcible Entry and Detainer statute is what is known legally as a statute of limited jurisdiction. This means they are only able to entertain counterclaims directly related to the rent at issue. For instance, if the Tenant has been withholding rent due to a maintenance issue, then that is an allowable counterclaim. CRLTO counterclaims can generally be dismissed because the FED court technically does not have the authority to hear them. The Tenant needs to file these actions separately....

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  5. My friend and I signed a lease to rent a home. I paid a 1700.00 security deposit. She decided 5 days before my move in date,

    Answered 4 months ago.

    1. Emma Lee Scott
    2. Sara R. Howard
    3. Barry Cahn Boykin
    3 lawyer answers

    How did you lose the security deposit? Was that based on a clause in your lease, or perhaps unpaid rent for the time until the landlord found a new tenant? Unless you agreed to convert the security deposit to cover rent owed, if you never took possession of the apartment, it's not clear to me how the landlord can keep your security deposit. However, more information is needed. Your action may be against the former landlord and not the friend. I recommend consulting with a landlord tenant...

    5 lawyers agreed with this answer

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  6. How can I ensure that my landlord is going to fix the ac unit before signing a new lease?

    Answered 8 months ago.

    1. Emma Lee Scott
    2. Renee Mayerson Cannella
    3. Cheryl Rivera Smith
    3 lawyer answers

    You should wait until the unit is fixed before re-signing the lease. Why would you want to spend another summer without a/c? If you allow her to fix it after you sign, it will be much harder to get done. There are ways, but you have more bargaining power at this point if you're a good tenant and she wants you to re-sign.

    5 lawyers agreed with this answer

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  7. Does my landlord have any legal right to remove my belongings himself without going thru courts for eviction process?

    Answered 11 months ago.

    1. Chen Kasher
    2. Judy A. Goldstein
    3. Emma Lee Scott
    4. Joseph Andrew Brabender IV
    4 lawyer answers

    I agree with the above and would add that even if you did sign such a clause it may be unenforceable. All the more reason to consult with a landlord / tenant attorney right away.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a landlord increase your rent above the current market asking price?

    Answered almost 2 years ago.

    1. Emma Lee Scott
    2. Adam J. Lysinski
    2 lawyer answers

    Unless you're in a public housing unit or government subsidized unit, there is no legal limit to the amount a landlord can charge. Typically, they'll charge what the market will bear. If they offer you a renewal at a rate you're unconfortable with, you're under no obligation to accept. On the other hand, they're under no obligation to offer you a renewal.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I called the Health Dept. due to a Black Mold and a cockroach problem in my apartment. Now the Land lord is threating me.

    Answered 12 months ago.

    1. Emma Lee Scott
    2. Joseph Andrew Brabender IV
    3. Judy A. Goldstein
    3 lawyer answers

    You now have a month to month lease, which means the landlord can evict you at any time with 30 days notice. However, retaliatory eviction is illegal, and if he attempts to evict you for that reason, you should seek legal counsel because you have a valid affirmative defense. That being said, why not give your 30 day notice and live someplace free of mold and pests?.

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  10. Roaches in Chicago apartment, i need to break my lease legally!

    Answered almost 2 years ago.

    1. Emma Lee Scott
    2. Barry Cahn Boykin
    3. Judy A. Goldstein
    3 lawyer answers

    If your building is in Chicago and is covered by the Chicago Residential Landlord Tenant Ordinance (CRLTO), then this situation is specifically addressed in Section 5-12-110. This section states that if there is an infestation you may deliver a 14 day notice to the landlord, giving him that time to correct the problem. If the problem is not then corrected, you will be able to legally break the lease. I don't recommend doing this on your own. It is important to get the assistance of an...

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