Emma Lee Scott’s Answers

Emma Lee Scott

Chicago Foreclosure Attorney.

Contributor Level 13
  1. How can I get damages for living in an uninhabitable apartment?

    Answered 11 months ago.

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

    In Chicago, a landlord tenant attorney can help you with a 24 hour notice and lease termination if basic services such as heat and hot water are not restored. That being said, it sounds like this is an incredibly unpleasant and potentially dangerous situation, as you may want to consider moving.

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  2. No written notice

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Luke Parrish Hajzl
    3. Alan James Brinkmeier
    3 lawyer answers

    A lease legally becomes a month to month lease when the tenant stays past the end of the written lease term, as happened here. Here, it appears that tenant terminated that month to month lease early and without notice. In this situation a landlord is obligated to mitigate their damages by actively seeking a new tenant, but may charge the old tenant rent until they find one. As for the holdover rent, you are entitled to double charge for the 3 days tenant stayed over.

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  3. Does a mortgage holder have to give a renter any notice so they have time to find another place to live & get belongings out?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Thomas O. Moens
    3. Joseph Younes
    3 lawyer answers

    If I understand the situation correctly, the property is not in foreclosure yet, but the owner is behind and you fear that foreclosure is coming. You are also on a month to month lease with the son as your new landlord. He has refused recent rent payments which means the month to month arrangement is now in jeopardy, if not already terminated. The good news about that is you are free to go, which it sounds like you're preparing to do. Banks normally (buy not always) file foreclosure...

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  4. Should a landlord be responsible for adding security measures (e.g. adding locks) when there may be crime risks to the property?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Brandy Ann Peeples
    3 lawyer answers

    Landlords in Chicago are required to "maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peepholes;" (CRLTO 5-12-110). I recommend consulting an attorney to discuss this issue in more detail, specifically whether or not the locks and security you have currently...

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  5. HOA took possesion of our house in Jan 2011 for an unsatisfied lien for dues.

    Answered about 2 years ago.

    1. Emma Lee Scott
    2. Nicole Gabrielle Lawson
    2 lawyer answers

    In condominiums where the owner has outstanding association fees, Illinois law permits them to get a judgment for the amount due and an order of possession so they can rent out the unit to recover what is owed to them. They are not allowed to profit after that point, but can continue to collect the customary monthly fees from the renter for the upkeep of the building.

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  6. My husband lost his job and we had to break a lease . The owners are now asking for 2 months rent. What can I do?

    Answered 5 months ago.

    1. Emma Lee Scott
    2. John Paul Dickson
    3. Shawn B Alexander
    3 lawyer answers

    That's actually a very reasonable request. Illinois law requires landlords to mitigate their damages when a tenant terminates early. 1-2 months is a pretty standard settlement I see in these situations. If you agree to pay the 2 months as settlement, get a written release from future liability. A landlord tenant attorney can help you with a settlement agreement if you're unsure how to proceed.

    4 lawyers agreed with this answer

  7. Can I move out any time (after paying rent for two months) if I do not have a valid signed lease for the current lease year?

    Answered 6 months ago.

    1. Emma Lee Scott
    2. Jeffrey Logan Whitcomb
    2 lawyer answers

    Since your lease has expired but you've continued to pay rent and the landlord has accepted it, you are now legally a month to month tenant. As a month to month tenant, you may terminate your tenancy with 30 days written notice for any reason. Give written notice today (August 1) and pay rent, then you will be free to move at the end of the month.

    4 lawyers agreed with this answer

  8. How much notice does the landlord have to give for failure to pay rent in a lease agreement before he can evict me?

    Answered 8 months ago.

    1. Emma Lee Scott
    2. Randy Eric Weinstein
    3. Raj P. Sanghvi
    3 lawyer answers

    None of that is actually true. The proper procedure is a 5-day notice to pay back rent. Once the 5 days pass the landlord can file an eviction suit against you if you still haven't brought your rent up to date. If he has a case already filed it can be dismissed because it was filed too soon. If you can afford the apartment and want to stay, it's worth your time and money to consult with a landlord tenant attorney to review your options. If you can't afford the apartment, it's time to...

    4 lawyers agreed with this answer

  9. My association has been harassing me for years. I can't sell my house. I want to rent it. The association says no.

    Answered 9 months ago.

    1. Emma Lee Scott
    2. Alan James Brinkmeier
    3. Thomas William Gooch III
    4. Juliet E. Boyd
    4 lawyer answers

    Rental of condominium units is usually governed by the association rules and bylaws. Check yours to see what the regulations are. If you think you may have the right to rent it within the rules, contact an attorney to review your situation and see if any action is available to you. Use of something like a sprinkler system would also likely be regulated by those same rules and bylaws. If the association has violated them, you may have a cause of action against them. In any event, you...

    4 lawyers agreed with this answer

  10. Tenant leaves before lease expires

    Answered 10 months ago.

    1. Emma Lee Scott
    2. Joseph Andrew Brabender IV
    3. Mary Kathleen Neal
    4. James S. Tupitza
    4 lawyer answers

    Once you have a new tenant and know the exact amount of your damages, you can file a small claims suit for breach of contract.

    4 lawyers agreed with this answer