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Shorge Kenneth Sato

Shorge Sato’s Answers

5 total

  • As the owner of a house in foreclosure,that I have rented out, am I still entitled to collect the rent?If the tenant refuses can

    I evict?

    Shorge’s Answer

    While I am an Illinois attorney, not licensed in Florida (and thus defer to the Florida lawyers on this one), my experience has been that you can continue to collect rent as a landlord unless the bank takes possesion of the mortgaged property during foreclosure or has a receiver appointed to collect rents.

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  • Can landlord sue a tenant after returning the full security deposit?

    I am a new landlord (I started renting my previous house since I couldn’t sell it). I am planning to return the tenant’s full security deposit within 5 days. Then my plan is to sue her within the 30 day period. Can I do that? She plays games wi...

    Shorge’s Answer

    A couple things: (1) why would you return the security deposit first? Is she still living there? If she hasn't paid rent and/or has damaged your unit, you should document that in a demand letter and specifically itemize the amounts you are deducting from the security deposit. Consult with an attorney first about any other procedural requirements. (2) If she didn't pay rent when due, and made unauthorized alternations, you should consider just filing an eviction action.

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  • Fired from job: Successful litigation possible?

    A friend of mine was fired recently after working at a law firm via an outsourcing company. He was there for 3 weeks. Reasons the outsourcing company gave for firing included: Soft, soft handshake, seemed unconfident, nonchalant, too calm, no s...

    Shorge’s Answer

    Illinois is an at-will employment state - meaning that unless your friend had an employment contract for a specific duration (which he most likely did not) then the law firm was free to "fire" him (or rather, have the outsourcing company who your friend actually works for replace him).

    The facts as you've stated them do not rise to the level of a claim for "wrongful termination." The damages seem very slight, so no experienced attorney would bother taking this case on a contingency basis, especially when the defendant would be a law firm that could afford to fight this on an essentially "pro bono" basis.

    And why is your friend having you ask this question on Avvo if he is (presumably) a lawyer himself? Maybe he is too "nonchalant" and lacks a "sense of urgency" - it sounds like either you care more than he does, or this is a fake question.

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  • Manager fines an owner for emailing the board

    Our bylaws say nothing about forbidding owners of communicating with board members. I have couple times been sending emails to the manager and the board regarding coming election policies (mostly in regards to our manager's total involvement in th...

    Shorge’s Answer

    In order to fully advise on this question, I would have to review the bylaws and the rules and regulations, as well as your communications, which I am assuming were reasonable and not harassing in nature.

    I doubt that the board (or its manager-agent) could prohibit an owner from reasonable communications with board members, for three reasons: First, under Section 18(a)(12) of the Illinois Condominium Property Act, 765 ILCS 605/1 et seq. (the "Condo Act"), the board is required to designate at least one officer to receive notices in the bylaws - which means, you should always have at least one person to whom you can direct any communications as a unit owner. Second, Section 18.4(h) of the Condo Act says that while the board can enact rules and regulations, the board cannot enact any rules or regulations that impair any First Amendment rights under the U.S. Constitution - i.e., the right to free speech. Third, also per 18.4, the board owes you - the unit owner - the fiduciary duty of care - meaning, at a minimum, they cannot close their eyes and ears to reasonable communications and complaints from the owners they represent, and they shouldn't be able to punish owners attempting to make reasonable communications.

    It may not be worthwhile to start a fight over a relatively small fine, but the more important point is whether the board is attempting to manipulate the election by punishing owner participation and communication. You may want to publicize your situation to other unit owners in advance of the election if the board refuses to retract the fine against you. You need to document, in writing and with all written emails attached, your objection to any fine assessed against you for reasonably communicating with the board or other unit owners.

    However, before you do so, however, you should probably consult an attorney.

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  • Can a renter sue a condo owner of another unit?

    I am a renter of a condo and my upstairs neighbor owns their unit. They make so much noise often until 2am on week nights. I haven't complained of noise on weekends, but during the week it's just unbelievable. The noise from the TV and computer sp...

    Shorge’s Answer

    How annoying.
    This is a problem that should be worked out without a lawsuit. Quite possibly, your neighbor is in violation of the Condominium Bylaws and/or Rules with his / her noise levels, and thus, faces fines from the condo association if this continues unabated.

    Also, make sure your complaints to your landlord and the condo association are in writing. They should carry the burden and expense of seeking legal action, if necessary.

    If they refuse to resolve the issue for you, you could threaten to withhold rent because you are being deprived of the peaceful use and enjoyment of your apartment. (Note: that does not mean you should actually not pay or reduce your rental payment - please consult with an attorney first).

    The City recommends a free mediation service through the Center for Conflict Resolution that specifically handles "noisy neighbor" disputes. You can contact CCR by phone at (312) 922-6464, or by email at CCR is a non-profit, not a City organization, and mediation simply brings the parties together to see if a workable compromise can be reached. You should probably advise to your landlord and the condo association that they should attend as well, so that all possible avenues can be explored.

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