New law aims to improve service of process in condos and gated communities

August 19, 2014 by Richard Magnone

New law makes service on condominiums just a bit easier

Hopefully, things just got a bit easier for process servers in eviction cases. The State of Illinois has passed an amendment to Section 735 ILCS 5/2-203 of the Illinois Code of Civil Procedure intended to assist process servers in making access to a “gated residential community”. The new law requires guards in such a community to permit access to the premises to a process server. The law defines a “gated residential community” as including “a condominium association, housing cooperative, or private community”.

Illinois court upholds nonrefundable move-in fees under CRLTO

August 13, 2014 by Richard Magnone

Landlords win case over move-in fee in lieu of security deposit

For a number of years, landlords in the City of Chicago have sought to avoid the undue burdens and unreasonable potential liability resulting from the Chicago Residential Landlord Tenant Ordinance’s requirements related to security deposits by collecting all kinds of “non-refundable fees”. Some landlord collect a “non-refundable processing fee”, administrative fee, additional rent, or a “non-refundable move-in fee”. Tenants rights attorneys and advocates have long shouted “no fair!” at landlords engaging in such practices. One advocate I know said “this is just the way landlords are trying to avoid liability for security deposit violations!” Duh!

We do NOT represent tenants in Evictions

July 15, 2014 by Richard Magnone

Just a friendly reminder to TENANTS! While we sometimes take on a tenant security deposit recovery matter here and there, our office does NOT represent tenants in eviction cases. There are MANY excellent attorneys in the City of Chicago who do represent tenants and suggest tenants contact one of them for assistance! If tenants call … Read more

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.

You still don’t get it, do you Mr. Mark Brown?

May 28, 2014 by Richard Magnone

Columnist conveniently ignores fact that eviction system needs reform

Chicago Sun Times columnist Mark Brown is at it again. He’s written another column calling out State Representative Monique Davis for her (third, revised) attempt to reform our broken Cook County eviction system.

Proposed Eviction Code Amendment Amended

May 16, 2014 by Richard Magnone

Yesterday, Rep. Monique Davis filed a third amendment to her proposed legislation to add a small, but meaningful, reform to the Forcible Entry and Detainer Act and the way that evictions are handled in Cook County. The law started out as an attempt to thwart the Cook County eviction moratorium and has morphed via two wholesale amendments of the suggested statute into a pretty fair, in my opinion, proposal to change to reduce the Sheriff’s eviction backlog and speed eviction enforcement.

Sad reminder about landlord liability

May 16, 2014 by Richard Magnone

Chicago Landlord lands in jail over deaths related to code violations

Channel 7 is reporting that the landlord who owned the building where Chicago Firefighters died in a roof collapse has been sentenced to jail time and penalties for criminal contempt of court. The landlord has previously been cited by the City of Chicago for building code violations and failed to make those repairs.

It’s a special process (server)

April 24, 2014 by Richard Magnone

The use of special process servers to serve eviction notices

In most cases, the eviction process begins long before going to court. When a tenant defaults on a lease, fails to pay rent, or when a month-to-month tenancy needs to be terminated, the landlord must serve a “notice of termination” on the tenant. This usually means placing the notice in the tenant’s hand.

Sometimes, getting the eviction notice served can be one of the hardest parts of the Illinois eviction process. Tenants who are at odds with their landlord or delinquent on rent are somehow able to find ingenious ways to be unavailable, away from home, or downright difficult to serve. Worse yet, relations between the landlord and tenant can be so strained that a landlord may feel uncomfortable or even unsafe in serving the notice.

Local writer continues crusade against Monique Davis as Eviction-Reform bill passes first hurdle

April 10, 2014 by Richard Magnone

Columnist blasts suburban cops as he rails against legislator rather than recognizing systemic problems

Chicago Sun Times columnist Mark Brown does not get it. Back in February, I wrote about a law proposed by state representative Monique Davis, allegedly inspired by the legislator’s distaste for the annual winter eviction moratorium, that would eliminate bad weather as a valid reason to delay evictions.