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CAN I SUE MY LANDLORD FOR BREACH OF CONTRAT

Chicago, IL |

I MOVED IN TO MY APARTMENT MARCH 1ST I GAVE A 750.00 DEPOSIT PLUS FIRST AND NEXT MONTHS RENT WE HAVE A 6 MONTH LEASE, NOW SHE IS TELLING US TO BE OUT BYTHE END OF THE MONTH I HAVE 4 SMALL CHILDREN, CAN I SUE HER FOR MORE THAN JUST MY DEPOSIT IF THERE IS A WAY BECAUSE HOW DOES SHE EXPECT S TO FIND SOMEWERE ELSE TO GO IN LESS THN 12 DAYS I WOULD ACTUALLY LIKE TO RECOVER MOST OF MY MONEY,

Attorney Answers 2


  1. If you have a six month written lease executed by the landlord, you have a right to live there for six months, unless you are in violation of the lease. If you are in violation of the lease, you should receive a proper notice and time to cure any violation (5 days for non-payment of rent and 10 days for other alleged defaults) In short, your landlord can’t kick you out in without cause. Illinois is not a self-help state. If the landlord wants to kick you out, that will require a valid court order signed by a judge, which is given to the county sheriff to execute. Good Luck.


  2. LL cannot evict you--LL can begin an eviction process, but LL can't throw you out.

    Eviction is a court process, only a court can order you out.

    In addition, the LL has to follow Illinois law regarding an eviction. That likely includes a written pay or quit notice, followed by a court summons, it includes a hearing, a court judgment and, if you refuse to leave after the court order, the sheriff dragging you out. The process takes from 4 to 8 weeks, sometimes longer.

    Don't let the LL bluff you out--or scare you into leaving. LL does not have that power.

    Recommend you contact an IL attorney (I am NOT an IL attorney) and discuss options. Or call a Chicago area legal aid organization--many have sections of volunteer lawyers who work housing issues.

    Best of luck.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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