On any given day, our office fields calls from landlords and tenants in search of legal representation. We even get the occasional walk-in or two. There is one particular potential client we cannot help. That is the landlord who has already filed an eviction case.
Changes may be on the way for radon disclosures
Radon is a colorless, odorless, naturally occurring radioactive gas that can accumulate within buildings. The Illinois Radon Awareness Act was enacted in 2008 to require certain disclosures about the existence of radon gas from real estate sellers. Currently, the law does not apply to landlord tenant situations. An amendment known as House Bill 141 to … Read more
Roommate, guest, and family member evictions in Illinois
What happens when good roommates go bad? What happens when boyfriend and girlfriend break up? What happens when a guest overstays its welcome? What happens when children grow up to be jobless adults? What happens when the people who live with these people or have control over the property they occupy want them to move out? I regularly receive calls related to family, guest, and roommate evictions. The people who call me are regularly surprised to find out that they do not have a right to just change the locks on the child or to call the police and have the roommate arrested for trespass. (Here’s a refresher on this article)
“But the roommate is my ex-girlfriend and she never signed a lease” a caller protests.
Movement on bedbug issue for Illinois landlords
The Illinois Subcommittee on Bed Bugs is meeting on Wednesday, June 8, 2011 at 9:30am at the DuPage County Health Department Lower Level Conference Room 1 located at 111 N. County Farm Road, Wheaton, Illinois 60187. In an email forwarded to me from the Chicago Creative Investors Association, the CCIA has indicated that “the Illinois … Read more
Tough love for landlords
Landlords, this one may not be easy to take at first, but the truth needs to be told. I promise, it will only hurt a bit and, in the end, the truth will make you a better landlord. Here it comes:
Landlords, please disabuse yourself of the notion that you are a “good guy”.
Do you need an attorney to file an eviction?
In Illinois, can a “non-attorney” get involved in the eviction process? Is the assistance of a lawyer necessary to file a forcible entry and detainer suit? In most cases, a non-attorney landlord may represent himself or herself without an attorney. There are a few exceptions. In most instances, Corporations and LLCs must be represented in court by an attorney.
7th Circuit clears up Fair Debt Collection issue
In 2009, the Third District of the Illinois Appellate Court issued an opinion in American Management Consultant LLC v. Carter that, in part, confused landlords and their legal counsel. In the case, involving an appeal of a Bolingbrook forcible entry and detainer case, the Defendant argued that the landlord had violated the Fair Debt Collection Practices Act. The Illinois court agreed saying:
Summer eviction delays?
Not only does our weather lately resemble January and February, but the time it take for the Cook County Sheriff to process an eviction is just like in January or February. The Sheriff’s office is now quoting that it is taking them approximately twelve weeks to enforce an order for possession. When will this ease … Read more
Richard Magnone to present “Residential Landlord in Chicago”
I will be presenting my seminar “Residential Landlording in Chicago” (subtitled “most of what every real estate attorney needs to know to make a lease or close a deal in the City of Chicago”) on May 23, 2011 on behalf of Chicago Title in Skokie, Illinois. More information can be found here. Topics to be … Read more
Scams against landlords are on the rise
Nationwide, landlords are facing a new, costly, and evolving challenge to their rental business. Con artists are running a number of scams targeting unwary landlords. Although the scam will vary from situation to situation, the scammers will rent out a landlord’s property by posing as the landlord or the landlord’s agent.