Posted by Bradford Miller Law, P.C.
Real Estate Law | Landlord Tenant Law | Estate Planning
321 N. Clark Street, Suite 500
Chicago, IL 60654
312-238-9298
Unfortunately, today I received yet another lease used by a landlord that he got off the internet. It did not follow the City of Chicago Landlord Tenant Ordinance. It actually doesnt even look like it was written by an Attorney. It was probably typed up by someone who thought they knew what they were doing. And then unfortunately they put this piece of crap on the internet for other landlords to use.
Landlords - DO NOT MAKE THIS MISTAKE. Call my office! One hour of my time is all it takes to help you with all of the proper documents which could save you thousands of dollars later. Unfortunately for this landlord, the tenant is suing him and is likely going to receive a judgment for over $4,000.00 simply because he didnt follow the City of Chicago Landlord Tenant Ordinance with regard to the lease and security deposit. I bet he wishes he called my office a lot earlier.
Thursday, December 30, 2010
Saturday, December 11, 2010
Helpful links for landlords and tenants
Posted by Bradford Miller Law, P.C.
Chicago is unique with its laws pertaining to landlord-tenant relationships. Below are some links that will help landlords and tenants understand the law.
Chicago Landlord Tenant Full RLTO Ordinance:
http://www.chicityclerk.com/Landlordand_Tenants_AMEND_7-28-10.pdf
RLTO Summary, revised July 2010:
http://www.caapts.org/files/owner-RLTOSUM.pdf
Amendment to RLTO dated July 2010:
http://www.caapts.org/files/legis-RLTOamendmentJuly2010.pdf
City of Chicago Security Deposit interest rate summary:
http://www.caapts.org/files/owner-RLTO Security Deposit Interest Summary.pdf
Bradford Miller Law, P.C.
321 N. Clark, Suite 500
Chicago, IL 60654
312-238-9298
Experienced in real estate law, landlord tenant law, and estate planning
http://www.bradfordmillerlaw.com/
Chicago is unique with its laws pertaining to landlord-tenant relationships. Below are some links that will help landlords and tenants understand the law.
Chicago Landlord Tenant Full RLTO Ordinance:
http://www.chicityclerk.com/Landlordand_Tenants_AMEND_7-28-10.pdf
RLTO Summary, revised July 2010:
http://www.caapts.org/files/owner-RLTOSUM.pdf
Amendment to RLTO dated July 2010:
http://www.caapts.org/files/legis-RLTOamendmentJuly2010.pdf
City of Chicago Security Deposit interest rate summary:
http://www.caapts.org/files/owner-RLTO Security Deposit Interest Summary.pdf
Bradford Miller Law, P.C.
321 N. Clark, Suite 500
Chicago, IL 60654
312-238-9298
Experienced in real estate law, landlord tenant law, and estate planning
http://www.bradfordmillerlaw.com/
Thursday, August 12, 2010
Major change coming to the Chicago Residential Landlord Tenant Ordinance
Posted by Bradford Miller Law, P.C.
Experienced in landlord-tenant law in Chicago, IL
Landlords and Tenants be aware of the major change coming in September-October 2010. See the change here:
http://www.chicagorealtor.com/associations/6001/files/RLTO%20Security%20Deposit%20Reform%20Ordinance.pdf
Bradford Miller Law, P.C.
321 N. Clark, Suite 500
Chicago, IL 60654
Main: 312-238-9298
Fax: 312-379-3163
Web: http://www.bradfordmillerlaw.com/
Experienced in landlord-tenant law in Chicago, IL
Landlords and Tenants be aware of the major change coming in September-October 2010. See the change here:
http://www.chicagorealtor.com/associations/6001/files/RLTO%20Security%20Deposit%20Reform%20Ordinance.pdf
Bradford Miller Law, P.C.
321 N. Clark, Suite 500
Chicago, IL 60654
Main: 312-238-9298
Fax: 312-379-3163
Web: http://www.bradfordmillerlaw.com/
Thursday, August 5, 2010
Landlords are making these common mistakes
Posted by Bradford Miller Law, P.C., a law firm practicing in the areas of real estate, landlord tenant law, and estate planning. Contact Attorney Bradford Miller at 312-238-9298 for a free consultation.
More and more, I see Chicago landlords making costly mistakes. Here are the top three that I see.
1) Failure of a landlord to give a tenant a receipt. A landlord must give a receipt to a tenant upon receiving a security deposit. This receipt must follow the requirements set forth in 5-12-080(b) of the RLTO.
2) Failure of a landlord to pay a tenant yearly interest on their security deposit. Under the RLTO, a landlord must not only pay interest at the end of a 12 month lease period, but the landlord must do so within 30 days after the end of the 12 month period.
3) Failure of the landlord to return a tenants security deposit within 45 days after the tenant vacates the apartment. See 5-12-080(d) of the RLTO.
The entire RLTO is on my website, http://www.bradfordmillerlaw.com/. Consult an Attorney before acting on any advice given here.
More and more, I see Chicago landlords making costly mistakes. Here are the top three that I see.
1) Failure of a landlord to give a tenant a receipt. A landlord must give a receipt to a tenant upon receiving a security deposit. This receipt must follow the requirements set forth in 5-12-080(b) of the RLTO.
2) Failure of a landlord to pay a tenant yearly interest on their security deposit. Under the RLTO, a landlord must not only pay interest at the end of a 12 month lease period, but the landlord must do so within 30 days after the end of the 12 month period.
3) Failure of the landlord to return a tenants security deposit within 45 days after the tenant vacates the apartment. See 5-12-080(d) of the RLTO.
The entire RLTO is on my website, http://www.bradfordmillerlaw.com/. Consult an Attorney before acting on any advice given here.
Sunday, July 11, 2010
House Bill 5523
Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/
House Bill 5523 creates an affirmative defense to a forcible entry and detainer action if the court makes a finding that the demand for possession is based solely on an incident of or a tenant’s status as a victim of domestic or sexual violence, stalking, or dating violence. In order to prove the affirmative defense, one form of documentary evidence such as a police or medical report is required. The Bill is now being sent to the Governor. For more information on this bill visit:
http://www.ilga.gov/legislation then click on House Bills 5501-5600 and go to 5523.
House Bill 5523 creates an affirmative defense to a forcible entry and detainer action if the court makes a finding that the demand for possession is based solely on an incident of or a tenant’s status as a victim of domestic or sexual violence, stalking, or dating violence. In order to prove the affirmative defense, one form of documentary evidence such as a police or medical report is required. The Bill is now being sent to the Governor. For more information on this bill visit:
http://www.ilga.gov/legislation then click on House Bills 5501-5600 and go to 5523.
Sunday, June 13, 2010
Three things to remember about Chicago security deposits
Under the Chicago Residential Landlord Tenant Ordinance, there are three important things to remember when it comes to security deposits.
1. Security deposits earn interest. Every 12 months, a tenant should be paid interest on their security deposit. If this is not done, the penalty is two times the amount of the security deposit plus interest.
2. The security deposit must be in a separate account. The landlord's money and the tenant's money should never be in the same account. If one check was written for both the rent and the security deposit, that rule was likely broken. The penalty is two times the amount of the security deposit plus interest.
3. A proper receipt must be given for the security deposit. See section 5-12-080(b) of the RLTO for all of the details. The entire RLTO is available on my website, http://www.bradfordmillerlaw.com/.
If no receipt is given or if an improper receipt is given, the penalty is two times the amount of the security deposit plus interest.
If you are having trouble with any of the above mentioned items or if you are involved in a landlord tenant dispute, contact Bradford Miller Law, P.C. immediately at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
1. Security deposits earn interest. Every 12 months, a tenant should be paid interest on their security deposit. If this is not done, the penalty is two times the amount of the security deposit plus interest.
2. The security deposit must be in a separate account. The landlord's money and the tenant's money should never be in the same account. If one check was written for both the rent and the security deposit, that rule was likely broken. The penalty is two times the amount of the security deposit plus interest.
3. A proper receipt must be given for the security deposit. See section 5-12-080(b) of the RLTO for all of the details. The entire RLTO is available on my website, http://www.bradfordmillerlaw.com/.
If no receipt is given or if an improper receipt is given, the penalty is two times the amount of the security deposit plus interest.
If you are having trouble with any of the above mentioned items or if you are involved in a landlord tenant dispute, contact Bradford Miller Law, P.C. immediately at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Friday, April 16, 2010
Basic advice for landlords and tenants in the City of Chicago
Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/
Unfortunately, many landlords and tenants do not know what the law is when it comes to the landlord-tenant relationship. Many problems can easily be avoided if they simply knew the law.
I highly recommend that if you are a landlord or a tenant living in the City of Chicago, you should become aware of the Residential Landlord Tenant Ordinance. This Ordinance sets forth rules and rights given to landlords and tenants when it comes to things such as the security deposit and lease. The entire Residential Landlord Tenant Ordinance for the City of Chicago can be viewed on my website http://www.bradfordmillerlaw.com/
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Unfortunately, many landlords and tenants do not know what the law is when it comes to the landlord-tenant relationship. Many problems can easily be avoided if they simply knew the law.
I highly recommend that if you are a landlord or a tenant living in the City of Chicago, you should become aware of the Residential Landlord Tenant Ordinance. This Ordinance sets forth rules and rights given to landlords and tenants when it comes to things such as the security deposit and lease. The entire Residential Landlord Tenant Ordinance for the City of Chicago can be viewed on my website http://www.bradfordmillerlaw.com/
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Sunday, March 21, 2010
A common problem in the eviction process
Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/.
Eviction cases are very, very technical. Everything has to be done right or it could mean starting the process all over again. One common mistake that is seen over and over again is filing the eviction action too early.
Before an action is brought to court, proper notice must be served on the tenant. Depending on the reason for eviction, there are different time requirements. For non-payment of rent, it is a 5-day notice. There are many requirements that the 5-day notice must have however, including an affidavit of service. If you are a landlord, you should consult with an Attorney BEFORE serving a 5-day notice or any other type of notice.
Only AFTER the expiration of the 5-day notice can a landlord file it in court. Again, landlords should consult with an Attorney because if something is not done properly, the process will start all over again.
Even if the notice is done properly and you file the case in court, tenants may appear in court and claim that they never received the notice. Because of this, its a good idea for the landlord to write down details of when they served the notice - who, what, where and when. Bringing a friend with you to serve the notice is also a good idea since that friend can act as a witness in court.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Eviction cases are very, very technical. Everything has to be done right or it could mean starting the process all over again. One common mistake that is seen over and over again is filing the eviction action too early.
Before an action is brought to court, proper notice must be served on the tenant. Depending on the reason for eviction, there are different time requirements. For non-payment of rent, it is a 5-day notice. There are many requirements that the 5-day notice must have however, including an affidavit of service. If you are a landlord, you should consult with an Attorney BEFORE serving a 5-day notice or any other type of notice.
Only AFTER the expiration of the 5-day notice can a landlord file it in court. Again, landlords should consult with an Attorney because if something is not done properly, the process will start all over again.
Even if the notice is done properly and you file the case in court, tenants may appear in court and claim that they never received the notice. Because of this, its a good idea for the landlord to write down details of when they served the notice - who, what, where and when. Bringing a friend with you to serve the notice is also a good idea since that friend can act as a witness in court.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Sunday, March 14, 2010
Returning a security deposit
Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/.
If a tenant follows the rules in the lease, moves out on time, and does not owe any back rent or other charges, a landlord is required to return your security deposit within 30 days plus interest (interest is paid in most cases, especially in Chicago).
If you believe you may have a landlord-tenant dispute, call our office right away at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
If a tenant follows the rules in the lease, moves out on time, and does not owe any back rent or other charges, a landlord is required to return your security deposit within 30 days plus interest (interest is paid in most cases, especially in Chicago).
If you believe you may have a landlord-tenant dispute, call our office right away at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Saturday, February 27, 2010
Security Deposit Receipt
Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/.
Landlord Tenant law in the City of Chicago is unique because of the Chicago Residential Landlord Tenant Ordinance ("RLTO"). Did you know that under the RLTO, a landlord needs to give the tenant a receipt for their security deposit when they receive it, and the receipt must indicate the amount of such security deposit, the name of the person receiving it and, in the case of the agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The person receiving the security deposit also must sign the receipt. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit plus damages of two times the amount of the security deposit plus interest!
This is only one of the numerous rules landlords must abide by in the City of Chicago. If you are involved in a landlord-tenant dispute in the City of Chicago, call our office right away. Bradford Miller Law, P.C. is experienced in Chicago landlord tenant law and can help you resolve the situation. We can be reached at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Landlord Tenant law in the City of Chicago is unique because of the Chicago Residential Landlord Tenant Ordinance ("RLTO"). Did you know that under the RLTO, a landlord needs to give the tenant a receipt for their security deposit when they receive it, and the receipt must indicate the amount of such security deposit, the name of the person receiving it and, in the case of the agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The person receiving the security deposit also must sign the receipt. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit plus damages of two times the amount of the security deposit plus interest!
This is only one of the numerous rules landlords must abide by in the City of Chicago. If you are involved in a landlord-tenant dispute in the City of Chicago, call our office right away. Bradford Miller Law, P.C. is experienced in Chicago landlord tenant law and can help you resolve the situation. We can be reached at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Sunday, February 7, 2010
The first step in the eviction process
Before a landlord can begin the eviction process in Chicago, proper notice must be given to the tenant. Typically, the notice required is the "5-day notice" which is for non-payment of rent. This notice must contain specific language per the statute and must be served properly. Contact Attorney Bradford Miller for more details at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
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