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Gerald William Napleton

Gerald Napleton’s Answers

504 total


  • What requirements apply to give a 60 day notice to move out?

    According to my friend, the Illinois law allows tenants to give a 60 day notice to the house owner and be able to move out then, but I am not sure when this applies. Pleas inform me on when this applies and if there are any consequences.

    Gerald’s Answer

    If you have a lease the lease language controls and a 30 or 60 day notice of intent to leave would only be available as an option if the lease states that it is ok. Generally, they don't.

    If there is no lease you are effectively on a month to month agreement and 30 days is enough notice to cancel and move out.

    If you have a lease you are responsible for it through the term or until a suitable replacement tenant is found.

    So, ultimately unless your lease provides a 30 or 60 day notice provision that allows you to leave the premises early before the lease expires you will be responsible for paying the lease until it expires or until the landlord can find a tenant to replace you.

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  • Can I legally bring a personal injury claim directly against my former employer?

    I presently have a Workmen Compensation injury claim pending in the state of Illinois.

    Gerald’s Answer

    No. Workers comp is generally the sole avenue of recovery for work accidents that happen in Illinois. If someone aside from your employer is at fault or caused your accident it is possible that you can file a third party lawsuit against that other person or company.

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  • My tenant trashed my house, broke her lease, and won't pay rent. Is it worth it to go after her?

    I had a tenant move out of my rental home. Her lease isn't up until 8/16. She moved out 1/16. So she automatically forfeits her security deposit. It also says in my lease that she's to pay monthly rent until we rent it out. The home is trashed. Go...

    Gerald’s Answer

    It depends on if this person has assets or income great enough to be able to pay back a judgement. The silver lining is she's gone and you can move on.

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  • Can I be ordered by a lawyer to trim my trees?

    My neighbor wants me to trim my trees off his property. He had his lawyer send me a letter. The letter is not notarized. Thought only a judge in court could order that.

    Gerald’s Answer

    No, an attorney cannot order you to do anything. Only a judge can. Your neighbor can however cut the tree branches that hang over his property. You may want to cut them yourself as he may not care as much as you about how they look. Ask an arborist about how much can be cut without harming the tree.

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  • Can I be sued for rent after I was released from the lease? Is this even a real case to be concerned with? How should I respond?

    My ex and I lived together with a lease that was from November 14 to November 15. She broke up with me in March and over time, we mutually decided that it would be best if I moved out in July. I moved out mid month and paid for the entire month of...

    Gerald’s Answer

    You have a writing establishing that she was assuming responsibility for the lease. If they sue (which I doubt) then you would likely prevail.

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  • How can I get the liens off my property without it being a lengthy process?

    Hello, I have a property that a two individuals placed mechanic liens 1. Because I couldn't sell them my property after they put in a contract and we couldn't come to a mutual agreement on pricing. 2. I'm not sure why the second investment comp...

    Gerald’s Answer

    The quickest way is to pay them and get a release of lien recorded.

    There is no other quick way - you would have to file suit to quiet title which is not easy and will require an attorney and some time and money.

    Your best bet may be to see if the lie holders will accept a much lower sum to release the liens.

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  • Is this legal???

    Good evening my landlord has reached out to my employer trying to get a hold of me after three times trying to collect rent. I asked them several times through text and over the phone to refrain from contacting my employer because this could cause...

    Gerald’s Answer

    It's inappropriate but not illegal.

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  • If default judgement is entered on a lien, does party holding money is escrow pay it asap or does it go thru court's hands?

    Default motion entered on lien bc I was a no-show. Does this mean the one holding the money will pay it directly to the one holding the lien immediately after default judgement entered? Is there some sort of a 30 day wait required before they ma...

    Gerald’s Answer

    You should attempt to vacate the default. Contact an attorney and file a motion to vacate within 30 days of the order and explain your absence.

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  • Quashing a Summons for Improper Service. The Summons was served on the New Owners of my Old Address.

    I moved a Year Ago to a New Address. I applied for a New Car Loan and I was offered a Sub Prime Loan at the Dealership. I asked why. The Dealership showed me my Credit Report that has a Judgment on it. I called the County Clerk and they told me th...

    Gerald’s Answer

    Pull the file at the Clerk's office, as Ms. Goldstein suggested. Copy its contents (you will have to pay for copying) and bring them to an attorney for help or use them to draft the motion to vacate default. Because of the length of time at play you will have to provide compelling reasons why it should be vacated and your service issue MAY be enough but in order to reduce risk I would have an attorney appear on your behalf if possible.

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  • Will Illinois extradite from florida

    class 2 felony conviction in Illinois for embezzlement, violated probation by leaving state will Illinois extradite from florida

    Gerald’s Answer

    They certainly can buy whether they will or not can't be known for sure. If you're picked up in Florida for something it's likely Florida will contact Illinois about possible extradition.

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