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Emma Lee Scott

Emma Scott’s Answers

453 total


  • Apartment offers written renewal 1 year lease that gives $30 discount if sign by certain date, I call before that date twice,

    both times they tell me not to come to office because they don't have anyone, then after that date they tell me to come, so I go there, and the lease is not typed up, so they have an office girl type it up, and I sign unknowingly the lease is $60 ...

    Emma’s Answer

    Each party is presumed to have reviewed a contract and accepted its terms before signing. So, the prior negotiations and offers won't have any effect in a court proceeding. Unfortunately, if both parties signed, you're stuck with the terms you agree to.

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  • Are there different rules for landlords if you rent a private home vs. renting in a multi-unit property?

    We rented a townhouse for 3 years in Illinois. Only had a signed lease for the 1st year. Our landlord knew we were looking to purchase a home and we kept her apprised of how our search was going. We gave her more than 30 days notice for when we...

    Emma’s Answer

    The IL Security Deposit Act only applies to buildings with more than 5 units. If your landlord won't voluntarily return the deposit, a breach of contract suit is probably your best option. However, you should take your lease to a landlord tenant attorney for review and more specific advice.

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  • Bought a house w people in it. there is no lease. we are evicting them. sheriff is unable to serve them summons. what now?

    these people were served a five day eviction notice. they know we are going to court because they said they will see us in court. the sherrif is unable to serve them a summons. They have NEVER had a lease. Will it be continued or will they default?

    Emma’s Answer

    • Selected as best answer

    5 day notice was appropriate if they were behind on rent. If they are month to month and you just want them out you need to do a 30 day notice. If they come to court and file an appearance, it won't matter whether they evaded service or not. If you're not sure which notice requirements apply, whether you served your notice correctly or whether you served your complaint correctly, see a landlord tenant attorney in your area to review the situation. The Forcible statute is very technical and one mistake will force you to start all over.

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  • Rent house that was judgement to foreclose on last month and the sell of the house is 12/9/14. the landlord wants to sell house

    is that legal. also she want to come on the property and remove items. is that ok.

    Emma’s Answer

    What you really need to know here is how long you can stay in the property. Any buyer, whether it be at a judicial sale or some other buyer, must honor your existing lease. If you're on a month to month lease they must give you 90 days notice to vacate. If the bank is coming around trying to get you to leave the property you don't have to leave. If you're being harassed in this way, you should seek legal representation by an attorney experienced in foreclosure defense. Avvo's search feature can help you find one in your area.

    It's unclear what items she's removing, but generally, the landlord owns the house until the foreclosure judgment is entered by the court and the judicial sale is approved. In this case that probably won't happen until the Spring. So, between now and then the property is hers and she can do whatever she wants except sell it.

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  • Can I hold rent until my apartment is completely fixed?

    I saw the apartment prior to moving in, I liked it but a few things had to be repaired. So i was told it will be ready on move in date. 3wks ago was my move in date but when I got there with my movers, the apartment wasn't ready, it was still thi...

    Emma’s Answer

    The answers above are correct. I would only add that you may want to try repair and deduct, which involved you giving written notice to the landlord, waiting the notice period, then having the items fixed yourself by a licensed contractor.

    This is also a technical strategy you joule only execute with the assistance of an
    Attorney.

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  • Can I evict a tenant that is not on the current lease?

    I rented my house to a couple in May of 2012. They both signed the lease. In 2013 they continued to live there and pay rent but no new lease was signed. In March of 2014, the woman living there moved out. A new lease was signed in May of 2014 ...

    Emma’s Answer

    This is now a month to month tenancy, which can be terminated with 30 days notice followed by an eviction suit. The woman can be named in the suit as a known tenant which will enable you to evict her. However, you should see an experienced landlord tenant attorney in your area due to the complexity of the situation.

    Good luck!

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  • I want change my name completely, last name and first name both.

    I have heard I can legally do that in IL. How do I do that in Illinois?

    Emma’s Answer

    The Chicago Legal Clinic has a Chancery Advice Desk at Daley if you live in Chicago. They will not represent you, but will guide you through preparing the forms and explain the filing process. If you can't afford an attorney to help you, it is a great option, since they have practicing attorneys volunteering there. It used to be on the 13th floor but I believe it has moved. Ask at the information desk in the lobby of the Daley Center.

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  • Hi, Question regarding gas metering and lease with tenants.

    Hi, I'm a landlord in Chicago, IL and I have a three flat and live on the second floor. I have a gas meter for the first floor with an account in my name with People's Gas. This gas meter measures gas usage by the first floor furnace, first fl...

    Emma’s Answer

    Under state law, landlords are responsible for the proper metering and division of utility bills for tenants. You will be much less likely to avoid problems if you pay the entire bill yourself and either bill your tenants for their portions or include it in their rent. Of course, if you already have a lease stating otherwise, you will have to enact this next lease period. If you're unsure of how to handle this in your tenant leases, consult with a landlord tenant attorney to review your situation in more detail.

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  • How do I respond to a plaintiff's Summary for judgement issued 8/25/2014 whithin 28 days

    We have been in a supposed modification with Nationstar Mortgage but they just keep adding documents that we need to our file and I guess not letting their attornneys know

    Emma’s Answer

    A Summary Judgment Motion is one of the final steps in the foreclosure process, so this is not to be ignored.

    It's not at all unusual for the attorney and bank not to communicate on this. It happens all the time, unfortunately.

    It sounds like you want to keep the home, so I recommend consulting with a foreclosure attorney as soon as possible. The Summary Judgment motion is very technical and it's not a good idea to try and respond to this yourself, even if you've been pro se until now.

    Good luck!

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  • Can a Bank collect a forclouse debt even tho in court they said that all they want is there house?

    About a year ago i went to court for a condo i had lost to foreclouse i original wanted to modify but i was negelcted, i still payed i couldnt keep up with the payments tho this was 5years ago and on the final court they said all they want is the ...

    Emma’s Answer

    Unfortunately, unless you had an agreement in writing with the bank that they would not pursue the deficiency, they cannot now be held responsible to something someone said to you in court. If you have a written agreement see an attorney asap. If not, I don't see what else can be done. Hopefully another attorney will weigh in with an option I'm not considering.

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