Emma Lee Scott’s Answers

Emma Lee Scott

Chicago Foreclosure Attorney.

Contributor Level 13
  1. What can I do when a landlord leases an apartment to two separate parties at the same time?

    Answered 8 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

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

    Answered 10 months 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

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

    Answered 10 months 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...

    5 lawyers agreed with this answer

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

    Answered 10 months 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

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

    Answered 11 months 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.

    5 lawyers agreed with this answer

  6. Foreclosure Process and Bank Charging for lawyer fees

    Answered about 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

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

    Answered about 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

  8. Is there a way to just extend an existing lease without creating a new one?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. William Dean Lohrman
    3 lawyer answers

    You can extend the current lease with a short lease amendment. The language in the amendment should refer to the original lease document and incorporate all of its terms.

    5 lawyers agreed with this answer

  9. I was renting this home for a year and during that time the county put a up for auction

    Answered 5 months ago.

    1. Emma Lee Scott
    2. Thomas O. Moens
    3. Alan James Brinkmeier
    3 lawyer answers

    The buyer takes the property subject to any existing lease, unless it will be the buyers primary residence. In that case you are entitled to at least 30 days notice to vacate. It's in your best interest to touch base with the buyer and find out what their plans are.

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  10. Should I refinance my ex-spouse off of our mortgage if I cant get him to sign an exit contract?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. David Matthew Gotzh
    4. Stephen Samuel Messutta
    4 lawyer answers

    If he won't vacate willingly you will need to go through the legal process. If there is a written lease, you will have to let him live out the terms of the lease and then not renew it. If there is not a written lease, then legally he has a month to month tenancy and you can evict him with a 30-day notice. If you are able to give him a 30-day notice I would do so in writing and serve him immediately. This will speed things up if you have to take him to court. You may sue him for eviction...

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