As a landlord, I understand what you are feeling

As a landlord, I understand what you are feeling, your tenants have stopped paying you rent, they wont leave, you have bills to pay, you want them out now.....but dont make a BIG mistake.  Do not retaliate against your tenant.  In Chicago, we have very tenant friendly rules.  If you retaliate against a tenant, you can face BIG fines.

5-12-150 Prohibition On Retaliatory Conduct By Landlord (Chicago Residential Landlord Tenant Ordinance)

It is declared to be against public policy of the City of Chicago for a landlord to take retaliatory action against a tenant, except for violation of a rental agreement or violation of a law or ordinance. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:

(a) complained of code violations applicable to the premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or

(b) complained of a building, housing, health or similar code violation or an illegal landlord practice to a community organization or the news media; or

(c) sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; or

(d) requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; or

(e) becomes a member of a tenant's union or similar organization; or

(f) testified in any court or administrative proceeding concerning the condition of the premises; or

(g) exercised any right or remedy provided by law.

If the landlord acts in violation of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies: he shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months rent or twice the damages sustained by him, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent. In an action by or against the tenant, if there is evidence of tenant conduct protected herein within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord's conduct was retaliatory. The presumption shall not arise if the protected tenant activity was initiated after the alleged act of retaliation.


Posted by Bradford Miller Law, P.C.
Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite 1040
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com

Offering free legal representation to homeowners seeking a short sale

Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer, Chicago building code violations, short sale attorney Chicago. This is intended to be advertising. Please consult with an attorney before acting on any information given here.

Did you know?

According to the Wall Street Journal, 73% of people believe that now is a good time to buy while 15% believe it is a good time to sell.

Many people bought investment properties and now can no longer afford them.  If you are a landlord who needs to sell your investment properties but owe more than they are worth, call our office for a free consultation.  You do have options available to you!

Posted by Bradford Miller Law, P.C.

A Law Firm Dedicated To Real Estate Law, Landlord Tenant Law, and Estate Planning

134 N. LaSalle, Suite 1040

Chicago, IL 60602

312-238-9298

http://www.bradfordmillerlaw.com

Offering free legal representation to homeowners seeking a short sale

Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer, Chicago building code violations, short sale attorney Chicago. This is intended to be advertising.  Please consult with an attorney before acting on any information given here.

Bradford Miller Law, P.C. welcomes Attorney Brendan Ross to the firm

Bradford Miller Law, P.C. welcomes Attorney Brendan Ross to the firm.  Brendan received his J.D. from Chicago-Kent School of Law and will assist the firm with short sales and real estate litigation matters.  Brendan can be reached at 312-238-9298.

Posted by Bradford Miller Law, P.C.
134 N. LaSalle, Suite 1040
Chicago, IL 60602

Bradford Miller Law, P.C. concentrates in real estate law and estate planning.  Visit our website at www.bradfordmillerlaw.com.

City Comptroller Announces 2013 Security Deposit Interest Rate

The Chicago Residential Landlord and Tenant Ordinance (RLTO) requires the city comptroller to set the rate of interest to be paid on security deposits held by landlords. The rate is calculated annually based on a formula tied to actual market rates. The new rate for 2013 of 0.023 percent applies to all residential rental agreements in which the lease term begins from January 1 to December 31, 2013.  The amount of interest paid on security deposits is determined by the rate in effect on the date the lease term commences. Owner-occupied buildings of six or fewer units are not required to pay interest on security deposits.

Posted by Bradford Miller Law, P.C.

A Law Firm Dedicated To Real Estate Law, Landlord Tenant Law, and Estate Planning

134 N. LaSalle, Suite 1040

Chicago, IL 60602

312-238-9298

http://www.bradfordmillerlaw.com

Offering free legal representation to homeowners seeking a short sale

Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer, Chicago building code violations, short sale attorney Chicago. This is intended to be advertising.  Please consult with an attorney before acting on any information given here.

 

My tenant is not paying me rent

If you need help evicting a tenant in Chicago, call our office right away.  We offer very reasonable rates.  Call Attorney Bradford Miller at 312-238-9298 for a free consultation.

Posted by Bradford Miller Law, P.C.

Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite 1040
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com

Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer. This is intended to be advertising. Please consult with an attorney before acting on any information given here.

Do not change locks on a tenant

Not that long ago, I dealt with a situation where a landlord apparently changed the locks on a tenant after the tenant was late with his rent.  The landlord was a first time landlord who was renting out his condo due to the decline in the real estate market.  The landlord thought he didnt do anything wrong - after all, in his mind the tenant didnt pay his rent on time so he was simply taking back his property.  He never heard of the Chicago Residential Landlord Tenant Ordinance and definitely was surprised when he was contacted by the tenant's attorney.

We were able to settle the matter out of court but I believe this landlord learned an important lesson.  Read the Chicago Residential Landlord Tenant Ordinance.  It applies to most landlord-tenant situations and it will tell you what you can and cannot do.  Even better though, consult with an Attorney.  Paying for an hour of the Attorney's time can possibly save you thousands later.

My office offers one on one landlord training for only $175.00.  (Approximately one hour of time).  If you plan on being a landlord in the City of Chicago, it is definitely a good investment.  To schedule a one on one training session, contact my office today.

Posted by Bradford Miller Law, P.C.

Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite 1040
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com/
Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer. This is intended to be advertising. Please consult with an attorney before acting on any information given here.