Amendment to Illinois Security Deposit Return Act Effective 1/1/2018

The Illinois Security Deposit Return Act has been amended by Public Act 100-0269, effective January 1, 2018.  Some of the amendments are small, like changing the words “rental property” to “rental premises”.  Other changes are more substantive and align the law more with the requirements of the Chicago and Evanston ordinances.  The Illinois Security Deposit Return Act applies to a landlord of residential property containing five or more units who holds a security deposit.  So what’s of substance in the new change? Continue reading

Posted in Uncategorized | Leave a comment

Cold weather shuts down Cook County evictions

It has not yet been dubbed a polar vortex, but whether it is a “bomb cyclone”, “polar vortex”, or arctic air mass, one thing is certain, it is COLD!  Despite the end of the scheduled holiday moratorium on eviction enforcement in Cook County, with temperatures expected to be below 15 through the weekend, the Sheriff is not evicting this week.  Continue reading

Posted in Eviction, Sheriff | Tagged | Leave a comment

2018 Chicago Security Deposit Interest Rate Released

The more things change…

The City of Chicago holds the interest rate steady for a fourth year at .01%.

If any Chicago landlords governed by the CRLTO are still taking security deposits, this is the rate of interest that must be paid.  Don’t forget to attach the security deposit interest rate disclosure to the rental agreement even if there is no deposit!

Posted in Interest Rate, Security Deposit | Leave a comment

Rent control advocates employ new tactic

Push to erode landlord rights continues

The Chicago Sun-Times published a story today explaining that advocates in favor of rent control are going to make the issue a referendum on ballots in the March, 2018 primary elections.  I’ve been reporting on this movement this year and this latest tactic is one more attempt by rent control advocates to reverse a state-wide ban on rent control. Continue reading

Posted in Uncategorized | Leave a comment

Class Action Attorneys sue Property Manager under CRLTO

Failure to provide CRLTO Summary at issue

That silly little summary of the Chicago Residential Landlord Tenant Ordinance that needs to be attached to every lease governed by the CRLTO.  It’s no big deal, right?

Wrong.  Class action attorneys at JS Law have filed a case against Mac Property Management LLC that we will be watching closely.  The case was brought in the chancery department of the Circuit Court of Cook County under case 2017CH13659.  The suit alleges that the landlord failed to attach the CRTLO summary to a tenant’s lease and the leases of other tenants and seeks to certify a class. Continue reading

Posted in Uncategorized | Leave a comment

2017 2018 Cook County Eviction Moratorium Announced

Baby, it’s (NOT) cold outside

Well, it’s 61 degrees here in Chicago, but that doesn’t mean your eviction case won’t be delayed at least a tiny bit this holiday season.  On November 21, 2017, Judge E. Kenneth Wright, Presiding Judge of the First Municipal District of the Circuit Court of Cook County issued General Order 2017-01 which sets the dates and terms for the 2017 moratorium on the enforcement of orders for possession in forcible entry and detainer eviction cases in Cook County.  The text of the order is as follows: Continue reading

Posted in Circuit Court of Cook County, Sheriff | Tagged | Leave a comment

The Landlord’s Right to Access in Chicago

Don’t Come Knockin’

The landlord of a Bolingbrook apartment complex is being sued by a tenant because the landlord’s manager allowed the police to enter the apartment to search it.

In Illinois, a lease gives a tenant who is not in default a right to maintain the possession of a rental property free from disturbance by the landlord.  Additionally, Illinois law provides the tenant in any lease with the implied right to a covenant of quiet enjoyment.  The covenant prohibits landlords during the term of the lease from interfering with the tenant’s right to possession, privacy, and the use and quiet enjoyment of the rental property. Continue reading

Posted in access, CRLTO | Tagged | Leave a comment

Billing for most Cook County evictions

attorneys fees in Cook County Illinois evictionsInformation on How We Charge for Evictions

As seasoned landlords know much too well, all Illinois evictions have two things in common.  They are expensive and they take time.  We do our best to keep our fees down and to move the process along as reasonably fast as the system will allow, but the realities of the inefficient system and the uncertainties of the other parties (ie. process servers, tenants, and judges) lead to landlords expending valuable time and money in an eviction. Continue reading

Posted in Eviction | Tagged | Leave a comment

Update: Rent Control Talk Continues

Illinois rent controlBack in March, I discussed the proposal by Chicago-based state legislator Will Guzzardi (39th District – D) to repeal the law prohibiting rent control in Illinois.  That bill is currently in the rules committee and only recently, on August 29, 2017, added legislator Theresa Mah (2nd District – D) as another co-sponsor.  Both Chicago Magazine and the Reader have reported on recent events promoting the law as a way to reduce gentrification in the Pilsen neighborhood.  In the wake of all of the proposed ordinances and statutes, landlords are on the defensive and it seems that no actual reform of a slow and burdensome eviction system is underway.  Get organized landlords.

Posted in Rent | Tagged , | 1 Comment

Alderman Propose Chicago Landlords Protect Immigrants

Chicago landlord sanctuary city ordinanceCity makes landlords bear the brunt of “Sanctuary City” status

It was reported in the Chicago Sun Times last week that Chicago would impose obligations on landlords to help illegal immigrants affected by the Trump executive order repealing DACA. Last Wednesday, Aldermen Mell and Ramirez-Rosa proposed an ordinance that “declares Chicago apartment buildings as sanctuary buildings off-limits to federal Immigration and Customs Enforcement agents”.
The proposed amendments to the Chicago Residential Landlord and Tenant ordinance would create a new protected class based on immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant.  Landlords could not as tenants or applicants about their immigration status nor threaten to disclose immigration or citizenship status.  The law would also require that a landlord only provide access to a residence pursuant to a valid search warrant.  Additionally, landlords would need to install deadlocks on front and rear doors of multi-unit residential buildings that automatically lock and can only be opened from the outside with a key.
The text of the proposed ordinance can be found here.
Alderman Ramirez-Rosa is quoted in the article as he wants to “Move forward with addressing abuses occurring against black people by the police so that we are truly a sanctuary city that is protecting everyone,” he added, saying the ordinance “will protect immigrants from raids and strengthen protection for tenants.”
One question, who is protecting Chicago’s landlords?

 

Posted in CRLTO, Fair Housing | Leave a comment