CAN I SUE MY LANDLORD FOR BREACH OF CONTRAT

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,

Chicago, IL -

Attorney Answers (2)

Adam J. Lysinski

Adam J. Lysinski

Landlord / Tenant Lawyer - Chicago, IL
Answered

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.

Rixon Charles Rafter III

Rixon Charles Rafter III

Landlord / Tenant Lawyer - Fairfax, VA
Answered

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.... more

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