Emma Lee Scott’s Answers

Emma Lee Scott

Chicago Foreclosure Attorney.

Contributor Level 13
  1. In 5 day notice form, are you required to include every occupant names including children under age 18 or no?

    Answered 4 months ago.

    1. Emma Lee Scott
    2. Sara R. Howard
    3. Gregory John Barry
    3 lawyer answers

    Include names of everyone you know or reasonably suspect lives in the unit. Also list "Unknown Owners & Occupants." That will cover your bases for anyone you don't know about.

    5 lawyers agreed with this answer

  2. Can my landlord charge me rent for the remainder of the lease even after finding a new tenant?

    Answered 9 months ago.

    1. Emma Lee Scott
    2. Joseph Andrew Brabender IV
    3. Cheryl Rivera Smith
    4. Christopher Daniel Leroi
    4 lawyer answers

    Under Illinois law, a landlord has a duty to mitigate their damages when a tenant terminates a lease early. This means they can only hold you responsible for their actual damages. If they have found a new tenant then they have no damages resulting from your early termination. So if they have no damages, what is the basis for her withholding your security deposit? If you leave the apartment in good condition it would seem there is no reason for her to withhold your money. So, tell your...

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  3. Do I have a bona fide tenant after foreclosure sale?

    Answered 11 months ago.

    1. Emma Lee Scott
    2. Randy Eric Weinstein
    3. Christine B. Adams
    3 lawyer answers

    The federal statute defines a bona fide tenant as one who pays rent at or near the market rent. Here, if they're paying nothing, they are arguably not a bona fide tenant requiring 90 days notice. Under state law tenants without a lease are treated as month to month tenants, but this is based on the fact that they're paying something and receiving something in return, which creates an agreement through the actions of the parties. Month to month leases can be terminated by either party for no...

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  4. What can I do when a landlord leases an apartment to two separate parties at the same time?

    Answered 12 months ago.

    1. Emma Lee Scott
    2. Mark Aaron Silverman
    3. Joseph Andrew Brabender IV
    4. Alan James Brinkmeier
    4 lawyer answers

    If the landlord fails to return the money after a demand, you can sue for breach of contract. If that becomes necessary contact a landlord tenant attorney for a consultation.

    5 lawyers agreed with this answer

  5. Legal ways of evicting boyfriend from shared home? However, I am the sole owner of the property. He wants compensation to move?

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Emma Lee Scott
    3. Celia R Reed
    3 lawyer answers

    Without a rental agreement the law treats him as a month to month tenant. This means he can be evicted with a properly served 30 day notice and eviction lawsuit if he refuses to leave after the 30 days expire. However, be aware that these suits can take many months in court if the tenant chooses to fight you. Given the personal relationship I would consider how this will affect your safety and home environment for you and your child. Highly recommend consulting with a landlord tenant...

    5 lawyers agreed with this answer

  6. Is there anyway, I can get my security deposit returned to me because I fell to read the lease agreement ?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Alan James Brinkmeier
    3. Joseph Andrew Brabender IV
    4. Rixon Charles Rafter III
    4 lawyer answers

    Actually, since you're in Chicago, if your building is covered by the CRLTO (Chicago Residential Landlord Tenant Ordinance), section 5-12-14- states that any clause of the Lease Agreement which " Agrees to waive or forego rights, remedies or obligations provided under this chapter" is unenforceable. Depending on the way the clause is written, it may conflict with the RLTO and state law governing handling and return of security deposits. Where Landlords are proven to have tried to enforce an...

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  7. Can my landlord evict me in five days with only verbal notice

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Eric Paul Hanson
    3. Thomas O. Moens
    4. Alan James Brinkmeier
    5. John Edward Brennock
    5 lawyer answers

    No. For unpaid rent they must give you a 5 day notice to pay. If you do not move out or pay by the end of the 5 days, they must file an eviction suit to get possession of your unit.

    5 lawyers agreed with this answer

  8. When can a landlord issue an eviction notice to a tenant who has lived 8 years and paid rent on time?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Barry Cahn Boykin
    3. Celia R Reed
    3 lawyer answers

    Since you are without a lease the law considers you a month to Minh tenant, Therefore the 30 day notice may be given to you for any reason, and so it is appropriate here. You legally must leave after 30 days. If you decide to stay the landlord can file an eviction suit. It's your choice whether to allow that or not. It also may be worh asking if your landlord will agree to give you some additional time.

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  9. Foreclosure Process and Bank Charging for lawyer fees

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Anthony James Zeoli
    3. Karen Jackson Porter
    3 lawyer answers

    Generally, the bank's right to have you pay for any fees related to litigation is a part of the terms and conditions of the loan documents. Check the fine print.

    5 lawyers agreed with this answer

  10. Is there a material difference between "rent to own" and "seller financed"? What kind of lawyer helps with this?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Bradford David Miller
    3 lawyer answers

    You should find an experienced Real Estate attorney to explain these options to you and recommend which works best for your particular situation. That being said, be careful with rent to own contracts, as they are full of pitfalls that can cost you money. An attorney should carefully review any such agreement you sign.

    5 lawyers agreed with this answer