Richard Magnone – Page 40 – Chicago Evictions

Hooray – We were added to the ABA Blawg Directory!

September 8, 2011 by Richard Magnone

We were just informed that our site has been added to the American Bar Association’s Blawg Directory. Is this prestigious? I don’t know, but it is kind of neat.

Guest blog: short sales and Illinois landlords

September 2, 2011 by Richard Magnone

Short sales? Why talk about short sales? I thought this was a blog about landlording. Well, short sales are becoming an increasing reality for some Illinois landlords. Regularly, I hear tales of woe from landlords living on the brink of foreclosure; landlords who need their tenants to keep paying rent in order to to keep them out of collections. When those tenants stop paying, the landlords fall behind. Oftentimes, landlords call me too late in the game – after the tenants are too far gone and will never catch back up and long after the system cannot compensate the landlord for the tenant’s failure to pay rent. From there, things spiral.

Illinois Security Deposit Return Act amended to protect tenants from foreclosure

August 29, 2011 by Richard Magnone

The Illinois Security Deposit Return Act was amended over the weekend. House Bill 1674 amends both the the Illinois Mortgage Foreclosure Law and the Illinois Security Deposit Return Act. The law is intended to protect the security deposits of tenants whose landlords go into foreclosure by first amending the foreclosure law to require that for mortgaged real estate, a court ordering a Sheriff’s foreclosure sale shall also require that the foreclosed property owner shall transfer all security deposits received and interest thereon to the foreclosure purchaser along with an accounting of the deposits that includes the name and address of each tenant whose money is held.

Nonrefundable application fees

August 24, 2011 by Richard Magnone

Many Chicago landlords use nonrefundable fees to avoid the application of the CRLTO security deposit rules. Instead of taking a security deposit and holding it subject to the CRLTO rules, landlords take an administrative fee that is nonrefundable.

Cook County Illinois landlords must change locks at end of lease term

August 23, 2011 by Richard Magnone

The State of Illinois, by way of Public Act 097-0470, just amended the Illinois Landlord and Tenant Act, adding new section 765 ILCS 705/15, effective January 1, 2012, requiring landlords in counties with a population in excess of 3 million people (ie. Cook County) to change or re-key the locks on a dwelling unit after a tenancy ends. Exempt from the law are (1) owner occupied buildings containing four or fewer units or (2) rentals of a room in a private home.

Reminder for landlords and tenants: follow our twitter

August 19, 2011 by Richard Magnone

Reda | Ciprian | Magnone, LLC has a twitter page. We update it and post on it about landlord and tenant issues all the time. Follow it! When the law changes or something of interest related in the landlord tenant world happens, we usually tweet on it. It is a great source of news and … Read more

Cook County Sheriff issues another revised disclosure form

August 18, 2011 by Richard Magnone

I have previously discussed the form that must be filed with the Cook County Sheriff when an order for possession is placed with his office for enforcement. For whatever reason, the form has been slightly amended. More after the break.

ABA Blawg 100

August 11, 2011 by Richard Magnone

The American Bar Association is compiling its “Blawg 100” list of the best law blogs. If you are a loyal reader of this blog and think it should be included, you can nominate us here.

Illinois eviction law amended to allow rent through stay of possession

August 9, 2011 by Richard Magnone

In an Illinois “joint action” forcible entry and detainer case (ie. an eviction lawsuit asking for both rent due and possession), plaintiffs can plead for and judges routinely award plaintiffs a judgment against defendants for pro rata rent through the day of the eviction trial. Governor Quinn just signed into law HB 1209. The bill, effective as of January 1, 2012, allows a landlord plaintiff to include in an eviction complaint a request for the pro rata amount of rent due for any period that a judgment for possession is stayed. So, what does this mean?

Cook County Illinois best case scenario Chicago eviction timeline

August 4, 2011 by Richard Magnone

When I talk to landlords about the Illinois eviction process, one of their first questions is “how long”? The easy answer is as follows: long. I wish that were not the case, but it is the truth. The process is not as fast, convenient, or easy as any landlord would like it to be. I thought it might be instructive to demonstrate the timeline for a Cook County Illinois eviction using the example of a nonpaying Chicago tenant.

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