Landlord/Tenant

Landlord-Tenant

Landlord/tenant law in Illinois is a combination of local ordinances, state statutes and court opinions by various judges.  What happens in one city or county may not be what happens in your area so it is important to have someone represent you who is familiar with your local ordinances and procedures.

Having said that, below I will outline the most common type of Illinois Landlord/Tenant issues and discuss them as how I handle these type of cases.

Evictions and the Eviction Process-

The most common inquiry I will get will be about the eviction process (usually by a landlord) or by someone wondering how to stop the eviction process (usually by a tenant).

The process usually begins by a tenant failing to make the rental payment on time. 

Mark The Lawyer's Approach-

The first advice I give a Landlord is:

TRY TO WORK IT OUT WITH THE TENANT-   Even though my advice may cost me business,  I do believe that it is better to work something out with the tenant (accept weekly payments, waiving late fees, etc.) than it is to go through the eviction process. If something can be worked out, it will save the Landlord time, money and aggravation.  If it can't be worked out, there are 5 steps that must be taken to evict a tenant in Illinois for non-payment of rent.

  1. Tenant must be late in his or her rent;
  2. Landlord must properly notify Tenant and demand payment (within 5 days);
  3. The time period specified must pass without Tenant making full payment;
  4. Landlord must sue for possession or ejectment;
  5. Writ of Possession must be issued pursuant to judgment for possession.

The time frame to complete this can be a few weeks to a few months.  If these steps are not properly taken, the judge may not grant the Landlord a judgment/possession. 

A Word of Caution:  Many people try to complete the eviction process without the help or advice of an attorney. Unless you really know what you are doing, this is not the way to go.  The delay of improperly completing the eviction process will far exceed the cost of a good attorney. Also, depending on your lease, you may be entitled to reimbursement by the Tenant of all court costs and attorney fees.

Defenses By Tenant-   A tenant may have a valid defense to prohibit an eviction.  Common defenses include:

  • Self-Help by Landlord (such as shutting off utilities);
  • Violations of Security Deposit Laws;
  • Incorrect amount of rent due;
  • Refusal to accept payment from Tenant before expiration of 5 day notice;
  • Repair and deduct (where tenant is allowed to make necessary repairs and deduct that amount from the rent);
  • Landlord breach of Lease;
  • Constructive Eviction;
  • Breach of Implied Warranty of Habitability;
  • Failure to make agreed upon repairs;
  • Retaliation by Landlord for lawful action by Tenant;
  • Continuance granted to Tenant's Attorney;
  • Improper Notice;
  • Improper Venue;
  • Summons and Complaint not properly served;

Even if these defenses are not valid, a Tenant may attempt to use them to prohibit or delay eviction.

Other Landlord-Tenant Issues-

 

How To Properly Draft Leases-  Too many Landlords run to the office supply store, grab a "standard" lease, fill it out and expect that to solve all of their potential problems.  Later, they learn the hard way that the lease didn't adequately protect them or address all of their issues. The problem with "store bought" or "internet" leases is that they cannot address every issue related to your property and your tenant.  In addition, language used in one jurisdiction may be construed entirely different in Illinois. 

I am a Landlord myself.  I know what it is like to chase rent, and have to evict a tenant.  It is not a lot of fun.  Having a well drafted lease will not prevent you from getting a "nightmare" tenant, but it can go along way to make tenant's think twice before acting.

I encourage you to get a copy of my free report titled:

5 Riders For Your Standard Lease That You Can't Afford To Be Without!

Landlord Duties-  A Landlord has certain obligations and duties to a tenant.  See if you can answer these questions:

  • Do I have to pay interest on the security deposits I receive?
  • What procedure do I have to follow to keep any part of the security deposit?
  • What must I do to make the property "habitable"?
  • Who is responsible to maintain the property?
  • I am liable if the tenant's dog attacks someone?
  • Can I be held liable if someone slips and falls due to ice on the driveway?

If you have any problem answering these questions, it is an indication that you may want to consult with me about your rental property.

Self-Storage Facilities & Mobile Home Park-

The leasing of either a self-storage facility or a mobile home brings many differences than renting out an apartment. The State of Illinois has statutes that deal with these.  Make sure you have an attorney well versed in those laws.