Landlord tries to enforce early termination clause

CBS Chicago Channel 2 presented a story yesterday about a management company that is attempting to mass-terminate the leases of tenants in a building it allegedly intends to renovate. At issue is a provision of the lease seemingly allowing the landlord to terminate the lease on 30 days advance notice.  What kind of law is involved here? Continue reading

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Eviction Notice Affidavit of Service

The Affidavit of Service – Don’t Do It! (until after service is made)

The most common problem I encounter lately with Illinois landlords who serve eviction notices is that they don’t understand how to properly sign the form that they serve on their tenant.  This misunderstanding can lead to costly delays in that a landlord might have to re-serve a notice or worse yet, might have an eviction case thrown out of court because of a faulty notice.  Let’s take a look Continue reading

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Richard Magnone to present to @properties agents

I’m routinely asked by some of Chicago’s biggest and best brokerage houses to give seminars for their agents on the topic of Chicago leasing procedures and the Chicago Residential Landlord Tenant Ordinance.   This is one of my favorite things to do – I really enjoy talking about landlord-tenant topics and meeting agents who are working in the trenches.  Many agents tell me they wish they had a heads-up about those presentations.  Well, this is your fair warning.  I’m going to be presenting to the agents of @properties on Chicago Leasing on Tuesday, October 23, 2018 at 10am.  Be sure to go through your @coaching procedures to sign up.  I look forward to seeing you then!

 

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Seattle landlords selling their properties – could it happen here?

The University of Washington just released a rental housing study commissioned by the City of Seattle that the Rental Hosing Association of Washington says “supports what landlords have been telling [Seattle] officials for years”.  Among the findings were the following:

  • 89% of survey respondents said that the landlords’ perspective is not considered by Seattle officials
  • 40% of survey respondents said that legislation targeting landlords has led to and is leading to an increase in owners selling rental properties.

That is confirmed by one landlord in Seattle who sold his unit because of Seattle’s laws with respect to security deposits.  Does this sound familiar?  Could it happen here? Continue reading

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Alderman Moreno is back with a piecemeal version of his prior CRLTO amendments

Ordinance unfairly targeting landlords about to be introduced

If you read this blog, you are certainly aware of the “Good Cause for Eviction” ordinance championed by first ward Alderman Proco Joe Moreno in May earlier this year.  Landlords came out in force and Alderman Moreno’s office decided not to introduce the ordinance and instead was going to put together a task force to look at the issues he was proposing.  Now, not more than three months later, it looks like he is ready to propose an amendment to the CRLTO that was contained in the Good Cause for Eviction ordinance. Continue reading

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State Legislative session ends without rent control repeal

The Illinois legislature adjourned its Spring Session on May 31, 2018.  Of note was the fact that the body did not vote to pass a number of bills seeking to remove the current statutory state-wide prohibition on rent control.  This is good news for landlords… for now.

There is word though that organizations representing landlords believe that tenant activists will be pushing the issue again this coming fall.   Worse yet, two of the Democratic Party candidates for governor are in support of a repeal of the current law.

Landlords: remain diligent.  Talk to your state representatives.  This issue will not go away without your active support.

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Temporary victory for Landlords in Good Cause eviction issue

I have it on good authority that Alderman Moreno’s office has expressed that it is no longer the Alderman’s intention to present the Good Cause ordinance to the City Council this month.  Instead, his office will seek to have a task force formed to review the proposal.  So, landlord advocates have been heard for now, but this is likely not the end of this issue.  Good cause laws have been passed in Berkeley, Los Angeles, San Francisco, Washington D.C. and Seattle, among other places, and a similar law is currently proposed in Philadelphia. Landlords need to remain vigilant on this issue and advocate for their rights whenever possible.

I’m going to suspend my review of the draft ordinance because I’m guessing it will not come back in the same form as the current one.  No doubt, you will all miss out on my commentary regarding the $21,200 penalty plus attorney’s fees for violation, the changes to eviction notices required by the ordinance, the notice requirements and limits on rent increases, and the moving assistance allowance.

Nonetheless, this does not mean that landlords should not continue the discussion with their alderman and the mayor.  Make clear that Chicago should not have a good cause eviction law.

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Analysis Part three of the Chicago Good Cause for Eviction Ordinance

Here we are in the week that the so called “Good Cause for Eviction Ordinance” is expected to be presented to the Chicago City Council possibly to introduce the most sweeping anti-landlord change to landlord-tenant law in Chicago since 1986.  So, remember where we left off.  The not-yet-proposed draft of the ordinance indicates that no landlord shall recover possession of a rental unit by not renewing or bringing an eviction unless the landlord brings the eviction or initiates the non-renewal for one of eight reasons.  We talked about the first two reasons in earlier bog posts.  Let’s take a look at the third reason which is entitled “Material non-compliance”: Continue reading

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CALL TO ACTION: Call your Alderman and the Mayor

Chicago landlords, Act Now!

You’ve probably been reading over the past 24 hours about an ordinance affecting landlord-tenant law that a Chicago Alderman is allegedly threatening to introduce to the City Council next week.  I have been in contact with a source who is close to the situation who has informed me that this is the time to act.

The ordinance we have seen is a serious threat to Illinois eviction jurisprudence in Chicago forcible entry and detainer cases, will likely reduce the value of rental real estate in Chicago, creates new red-tape for landlords, contains unfair provisions, and is a major threat to property ownership and property management in Chicago.

So, what can you as a landlord do?

Call your Alderman.  Call the Mayor.  Let them know that you do not support any form of a “Good Cause” requirement on rentals in Chicago.  Make your voice heard on this issue.  Landlords cannot be expected to run their rental businesses under these circumstances.  This link will provide you with the identity and contact information for your alderman.  This link provides the Mayor’s website.

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Breaking down the Chicago “Good Cause for Eviction” ordinance

Yesterday, I went through the provision of the allegedly proposed Good Cause for Eviction ordinance provision allowing for eviction based on non-payment of rent (provided the tenant doesn’t make good before an eviction order is entered).  Today, I’ll examine the second reason that a Chicago landlord will be able to non-renew: habitual late payments. Continue reading

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