Invisible Evictions are Now a “Thing”

February 19, 2020 by Richard Magnone

Your Alderman Has A Plan and You’re Not Going to Like It

A new phrase has entered the landlord-tenant vernacular. “Invisible Evictions”. A few days ago, Chicago’s local neighborhood news portal, blockclubchicago.org posted a story about “Invisible Evictions” allegedly perpetrated by developers in Logan Square and Pilsen. The thrust of the story is that developers are quietly forcing renters out of those neighborhoods. The author is quick to point out the injustice of this situation pointing out that the tenants have not “missed a payment” nor “broken any rules”. This sounds TERRIBLE, right?!? How can those nasty developers do this??? I’ll tell you. The sentiment expressed in the article is representative of the war tenants’ rights advocates are waging against developers and, quite frankly, Western culture (yes, you read that right). It is a battle between property rights and the in vogue claim that housing is a “human right”. Let’s look closer.

Rent Increase Provisions for 2020?

January 16, 2020 by Richard Magnone

New Residential Lease Concepts?

As 2020 begins, Illinois landlords are finding a business landscape that is not hospitable. There are new regulations (Just Housing Amendment) and threats of new regulations (just cause for eviction and rent control). They are facing a looming triennial reasessment by Cook County Assessor Fritz Kaegi who is clearly targeting multi-unit residential properties. They face higher taxes, higher fees, and higher utility charges. What’s to be done?

What’s New in the 2020 Chicago Association of Realtors Lease?

January 7, 2020 by Richard Magnone

New Lease Form Released

Late last week, the City of Chicago finally released its separate summary of security deposit interest rates for the new year. Once the summary was made available, the Chicago Association of Realtors (CAR) could finally go live with the 2020 version of their residential Chicago lease for properties governed by the Chicago Residential Landlord and Tenant Ordinance. Based on my own experience, the CAR form seems to be the most widely used lease in the City of Chicago. In fact, when I draft leases for my clients, I use the CAR form as the base lease and then add a rider that goes a bit deeper than the main form. It’s my favorite starting point for Chicago leases. While the content of the form has not changed too much this year, there are some new changes in formatting that make the lease easier and smarter to use. Let’s take a look at those:

Landlord tries to enforce early termination clause

September 7, 2018 by Richard Magnone

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?

Should Chicago landlords want a guarantor?

September 3, 2014 by Richard Magnone

To co-sign or not to co-sign?

The intrepid Kay Cleaves over at StrawStickStone.com contacted me a few weeks ago with a blog idea on the topic of accepting lease guarantors and co-signers. With students who have little or no credit history in the rental market right now, Chicago landlords may be considering the worth of adding a guarantor to a lease. First, the basics: a guarantor is a person who voluntarily agrees to be responsible to pay for another person’s obligations if that other person defaults on those obligations. In a sense, the guarantor “vouches” for the tenant. So, if mom signs a lease as a guarantor for little Johnny and Johnny fails to pay the rent, in theory, mom is responsible for the rent.

Avoid employee leases in exchange of labor

June 30, 2014 by Richard Magnone

Why it’s unwise to house an employee in return for services

There’s a story making the rounds on the news about a nanny in Upland, California who, despite the fact that she failed to perform agreed upon nanny services, has refused to vacate the home she moved into in return for her services. The story even indicates that her “former employers” have tried to evict her in court without success. Now, the family is living a nightmare with their children locked in their rooms at night for safety reasons. I have always cautioned my landlord clients against a “work-in-exchange-for-a-room” situation. This is one area where work life and home life should not be mixed. Why?

The “cost” of having an attorney draft a Chicago lease

June 17, 2014 by Richard Magnone

Lease drafting not for faint of heart

Landlords are often surprised when they call me to have a lease drafted. When I tell them that an attorney’s lease drafting assignment for a Chicago residential lease will generally take three to four hours of billable time, they ask me whether or not I have a “standard form” to provide to them at a lower cost.

Welcome to the new renting season

September 4, 2013 by Richard Magnone

Especially in Chicago, September seems to be the beginning of a the “new year” for renting. The huge number of Chicago leases run through the end of September and this means that October 1 is usually the biggest moving day in the city. That also means that September is the month when it is, theoretically, easiest for fast-acting tenants to find a rental or quality landlords to find a tenant because so many leases are expiring at month’s end. Those new October leases and increased demand also bring increased rents with them.

Illinois landlord tips for move in and move out

January 28, 2013 by Richard Magnone

Tips for Illinois Landlords

This week, I will be focusing on issues related to “moving” in the rental world. Here’s the first in a series of posts helping landlords deal with move-in and move-out. As my readers may be aware, I am of the belief that by the time most landlord-tenant matters reach me or any real estate attorney, most of the damage is already done. Landlords can improve their odds for success in their rental business by instituting policies and procedures that keep landlord-tenant problems out of their lawyers’ hands. One area where landlords can cut off a problem at the pass in in the area of move-in and move-out. Here are a few simple tips that can ease the way.

Smoke ’em if you got ’em? Smoking policies for landlords

December 4, 2012 by Richard Magnone

A friend of mine in the real estate industry called me the other day and asked me if it is legal for a landlord to prohibit smoking in an apartment. She was concerned about fair housing laws, and with good reason. Real estate agents need to be extremely careful about what they put into a listing for lease to make sure it does not violate those fair housing laws. Luckily, smoking is not classified as an immutable characteristic of birth and “smokers” are not a protected class under fair housing, so a landlord can implement a “no smoking” rule.