|**Landlord tenant / including condos and co-ops**
Landlord tenant / What are my rights?
Written or verbal leases can only be terminated by the landlord when the
tenant fails to pay his/her rent, breaches a clause of the lease or
commits a criminal act like drug-dealing on the premises.
Before a landlord can kick out or evict tenants who are behind in rent,
however, Illinois Law requires a landlord to serve the tenant with a "Five
Day Notice" available in office supply stores. If the tenant doesn't catch
up with his/her rent within five days, then the landlord can file an
eviction action in court.
Before landlord can evict tenants who breach some clause of the lease
other than rent, deal drugs or commit a gun related crime, Illinois Law
requires landlord to serve tenant with a "Ten Day Notice to Quit"
specifying the breach or offense. In Chicago, if tenants stop violating
the lease within the ten days (e.g. get rid of their dog if pets are
prohibited ),tenants can stay unless they had dealt drugs or committed a
gun-related offense. Everywhere else in Illinois, tenants have to leave
within ten days of receiving the notice, regardless of whether they stop
violating the lease or not. On day 11 or afterward, a landlord can file an
eviction action in court.
Even after a landlord obtains a Court Order evicting a tenant, only the
Sheriff can actually throw the tenant out on the street, along with their
belongings. It is always illegal for a landlord to change the locks or shut
off utilities while tenants are still living in the Unit. If you as a tenant get
locked out by the landlord , call the police immediately.
Landlords have a responsibility to maintain their properties and perform
timely repairs. Whether the rental property is in Chicago, elsewhere in
Cook County or Illinois, tenants have two options to deal with landlords
who are unresponsive to their calls-- write a letter to the landlord and
keep a copy of it and/or call the local building department. The letter
should demand that certain repairs be made within fourteen days, and if
not, then the tenant will perform the repairs on their own or hire a
contractor to do so and deduct the costs for repair, not exceeding $500
from their next month's rent. In Chicago, an added remedy for a tenant
whose landlord doesn't make the demanded repairs is to declare the
lease to be terminated within thirty days after the fourteen day period is
Landlord tenant / How can a lawyer help me?
It's important for a landlord to have the Five Day Notice or Ten Day
Notice filled out properly because a judge can dismiss the eviction if it
isn't. Give me a call, and I can review your Notice for you free of
charge. If you then feel more comfortable having an attorney represent
you in the eviction, I can do that for you in Cook County at the Daley
Center or in Skokie for a competitive rate.
Condo owners who rent their units are required to follow the same rules
as listed in the" What are My Rights" section. Condo Associations and
Co-Ops often encounter unit owners or shareholders that are behind in
their assessments. The Board must send a thirty- day notice by certified
mail to demand the arrearages. If the unit owner doesn't catch up within
that time, the Board can file a temporary eviction action that entitles the
unit owner or shareholder 60 days to pay all assessments owed through
the 60 day period or face a temporary eviction, at which time the owner
has to temporarily leave and allow a tenant to move in. The tenant will
pay rent to the Board until all arrearages plus current assessments and
taxes are caught up.
To discuss the particulars of your case please "click"
To download a Five Day Notice form or the general format for
the Ten Day Notice form "click" on
and select Housing, then forms in Content Type menue.