Skip to main content
Emma Lee Scott

Emma Scott’s Answers

453 total


  • 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.

    See question 
  • 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

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • I own my home free/clear. I purchased a home for my kid she does not make payments. if it forecloses can they take my home

    foreclosure

    Emma’s Answer

    More information may be needed to answer your question but I will respond based on a couple of assumptions. I will assume your own home is paid off, but that you co-signed for the child's mortgage and now she's not making payments.

    Only property that was pledged as security for the mortgage (usually the mortgaged property) can be taken by the bank in the foreclosure. However, if the house is sold in a judicial sale and there's still a deficiency, it's possible the bank will sue you personally for any amounts still owed. However, unless you used it as security for your daughter's mortgage, they cannot come against your property specifically.

    If my assumptions were incorrect or you have further questions, it may be helpful for you to consult with a foreclosure defense attorney.

    Good luck.

    See question 
  • Should I get a lawyer to go to court for loss wages and disstress?

    My landlord charging me and my husband too much for rent what should I do?

    Emma’s Answer

    More information is needed here. Are you unhappy with the lease terms you agreed to previously, or is the landlord charging more than the agreed on amount?

    If they are charging more than was agreed to, you may have a breach of contract suit.

    If you are unhappy with the amount you agreed to, there is probably nothing you can do unless it is being charged in retaliation for something.

    In either case, you should seek a consultation with a landlord tenant attorney.

    See question 
  • What do I do about the hole in my ceiling and it raining in my house?

    I told my land Lord about a year ago that my ceiling had a small crack in it and it was leaking when it rain. About three months after that it got worst (2 holes now) and I told him again. At that point he had some guy down the street do a patch j...

    Emma’s Answer

    Since you're in Chicago, I will answer this question as if the CRLTO applies to your property. If your landlord lives on the property, this answer will NOT apply to your property and you should seek a consult with a landlord tenant attorney for more specific information.

    If the repair can be made for either less than $500 or 1/2 your monthly rent, you may send a written notice to landlord that you intend to take care of the repair and deduct from your rent. If the repair costs more than $500 or 1/2 your rent, your remedy is termination as described below.

    The CRLTO requires a 14 day written notice in such situations. The notice must be delivered to the landlord in writing and demand a repair. If the repair isn't completed within 14 days you have the option to terminate your lease within 30 days. If you don't terminate the lease within 30 days you lose that right.

    Since you don't want to move, you may want to get an estimate on the repair and see if it can be completed for less than $500 or 1/2 your monthly rent.

    If you choose to attempt the termination, I recommend working with a landlord tenant attorney, as it is a very technical process that's prone to error.

    Good luck!

    See question