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Emma Lee Scott

Emma Scott’s Answers

456 total


  • 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?

    I had to break a lease because my husband lost his job. The owners are asking for 2 months rent. My husband is still looking for a full time job. Is there anything I can do to resolve this.

    Emma’s Answer

    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.

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  • Does a chicago landlord need to give two days notice to enter to troubleshoot other apartment's internet connection?

    Landlord called this afternoon to inform me that tomorrow morning the an internet service provider will be entering to inspect phone lines to assist in hooking-up internet on the floor above me. Is this the type of problem where maintenance is un...

    Emma’s Answer

    City ordinance and most leases require 48 hours written notice of entry unless consent is given, and except in the case of an emergency.

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  • 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?

    I am living at a rental property for the past two years. This year, over email, I expressed my intent to renew the lease to my landlord. He mailed be the lease, which I have not yet signed and returned back. It has already been two months into t...

    Emma’s Answer

    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.

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  • How to evict someone who's renting your garage for storage when they stop payment.

    Hi, We are in the process of closing on a short sale house. The garage is currently rented out to someone by the seller. He said that the person has not been paying the monthly rental fee and has not been answering his phone. It is being used to s...

    Emma’s Answer

    • Selected as best answer

    Generally, a notice to pay rent must be issued, and followed by an eviction lawsuit to regain possession. The issue could become more complicated if the tenant has a written lease and/or he starts paying rent once given notice. I highly recommend having an attorney help you with the process.

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  • When does possession change to the lender during a foreclosure?

    Does possession change to the lender when the default "judgment of foreclosure and sale" is issued, or 30 days after confirmation of sale? We just got the default judgment, and the bank has hired plumbers and called our tenant saying rent should...

    Emma’s Answer

    Possession does not change hands until after the confirmation of sale. The exception to that would be if the bank had a receiver approved to manage the property. Check with the banks attorney or hire an attorney to review your situation

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  • Joint action Forcible Entry void?

    Under Illinois' Forcible Entry and Detainer Act, if a landlord claims he has a right to possession he may also join a claim for rent to the complaint for possession. // Is that claim for rent adjunct to the establishment of landlord's right to...

    Emma’s Answer

    If you are behind on your rent and possession has been demanded, you are unlawfully withholding possession. You must either pay rent or give up possession of the unit.

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  • My basement apartment only has one entrance in the rear, will this affect any eviction process?

    The tenants have not paid rent for 8 months now.

    Emma’s Answer

    The only way it might affect an eviction case is if the tenants counterclaim that it is an illegal unit. However, this is a counterclaim that could be dismissed under the right circumstances. I agree with Attorney Goldstein that you should seek legal assistance on this, especially in the City of Chicago.

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  • What notice should I give my Tenant ? lease ending Aug 1st. Today I bought a Notice of Termination .

    Should I date it 30 days out from the day Igive it to her? Also she is 10 days late with her July Rent.

    Emma’s Answer

    The answer to your question depends on many factors, including especially whether the tenant has a lease or is a month to month tenant. A landlord tenant attorney can explain your options and help you proceed in the quickest way possible.

    If your unit is in the City of Chicago, this is especially important because an angry tenant can bring CRLTO counterclaims which may cost you thousands if not handled correctly.

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  • I have a tenant $2157 behind in rent. How can I get her out by July 25,2014.

    Private home with legal apartment. home owners are seniors 78 & 61. Home is under water, cannot afford to lose income from apartment. Living on fixed income. Need help.

    Emma’s Answer

    Attorney Weinstein is correct that the legal process here won't work as quickly as you need it to. You would be required to give 5 days notice to pay past due rent, wait the 5 days, and then file suit. Once you file suit you'll need at least 2 court dates to get an order of possession.

    If you decide to waive rent, attempt to get a litigation release for both sides before the tenant moves out. This will terminate your future rights to sue, but will protect you from potential costly CRLTO litigation down the line.

    Good luck.

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  • Tenant moved 3days post our regain of possess +$ IL . Do we do entire steps to ensure ruling fully reflected?

    They harassed and put up false claims in a petition for OOP (a second time). At that hearing -we are seeking a dismissal and (counterclaim-not quite?)judgement award of costs $400 with presenting refute backing w evidence-all this on Monday, the ...

    Emma’s Answer

    Not clear on the exact question here but Attorney Brinkmeier is correct, don't skip any of the steps in a forcible or you will have to start all over again. If you want to provide more information or clarify the question more help can be provided.

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