Failure to provide essential services

According to the Chicago Residential Landlord and Tenant Ordinance (commonly known as RLTO) a landlord must provide essential services. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. After such notice, the tenant may during the period of the landlord's noncompliance or failure:

(1) Procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or

(2) Recover damages based on the reduction in the fair rental value of the dwelling unit; or

(3) Procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.

In addition to the remedies set forth in Section 5-12-110 (1) (1) — (3), the tenant may:

(4) Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or

(5) Terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect.

The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.

At www.bradfordmillerlaw.com you can review the City of Chicago Residential Landlord and Tenant Ordinance Summary along with other helpful landlord information. Bradford Miller Law, P.C. has been representing Landlords for several years and, we can assist you in resolving any tenant issues that you may encounter. If you are having a problem and need legal representation contact us at 312-238-9298 so we can help resolve your problem.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, IL 60602

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Landlords, did you know?

According to the Chicago Residential Landlord and Tenant Ordinance (commonly known as RLTO) a landlord cannot require a tenant to renew a lease agreement more than 90 days before the existing lease agreement terminates.

At www.bradfordmillerlaw.com you can review the City of Chicago Residential Landlord and Tenant Ordinance Summary along with other helpful landlord information. Bradford Miller Law, P.C. has been representing Landlords for several years and, we can assist you in resolving any tenant issues that you may encounter. If you are having a problem and need legal representation contact us at 312-238-9298 so we can help resolve your problem.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, IL 60602

Offering free legal representation to homeowners seeking a short sale

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

A simple overview of the eviction process in Chicago

Bradford Miller Law, P.C., has extensive experience representing landlords in Chicago eviction proceedings. The following is a brief summary of the process:

1. Proper notice is served to the tenant by the landlord or his or her agent. Typically, this is a five-day notice, which is for nonpayment of rent.
2. After the five days have passed, the complaint and summons is filed with the court. 
3. Before the first court date, the sheriff must serve the tenant with the complaint and summons to appear in court. If the sheriff is unsuccessful, a special process server will have to get appointed to serve the tenant. 
4. The first court appearance occurs. This is when anything can happen. Unless there is a default judgment or the case is dismissed, there will likely be another court date.
5. The court process will then play itself out. This could mean anything from an agreed order (which is like a settlement agreement) to a full-blown trial. Generally speaking, both parties try to settle instead of going to trial.

In the end, the landlord hopes to get an order of possession to get the property back. If the landlord sought money damages, he or she may also get a money judgment awarded. If the landlord receives an order of possession, he or she can place it with the sheriff after expiration of the "stay" to remove the tenant from the premises. Typically, a judge will grant a stay of anywhere from one to two weeks, which is intended to give time to the tenant to move out on his or her own.

Visit  www.bradfordmillerlaw.com to review a more detailed overview of the eviction process and to find additional helpful information for landlords. Bradford Miller Law can help you with any tenant problem. Being a landlord firm, located in downtown Chicago, we have been helping clients handle many situations including evictions. If you are having a landlord tenant dispute, contact me at 312-238-9298 for a free 15-minute consultation.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, Il 60602

Offering free legal representation to homeowners seeking a short sale

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

Notices that landlords must give to new or renewing tenants

According to the Chicago Residential Landlord and Tenant Ordinance (commonly known as RLTO) a landlord must give new or renewing tenants notice of:

1. Code citations issued by the City in the previous 12 months;
2. Pending Housing Court or administrative hearing actions;
3. Water, electrical or gas service shut-offs to the building during entire occupancy.

The City of Chicago advises that if you are seeking to exercise your rights under the Residential Landlord and Tenant Ordinance (RLTO), consulting an attorney would be advisable.

At www.bradfordmillerlaw.com you can review the City of Chicago Residential Landlord and Tenant Ordinance Summary along with other helpful landlord information. Bradford Miller Law, P.C. has been representing Landlords for several years and, we can assist you in resolving any tenant issues that you may encounter. If you are having a problem and need legal representation contact us at 312-238-9298 so we can help resolve your problem.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, IL 60602

Offering free legal representation to homeowners seeking a short sale

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

You must let your tenant know that you were served a forclosure complaint

According to the Chicago Residential Landlord and Tenant Ordinance (commonly known as RLTO) within seven days of being served a foreclosure complaint an owner or landlord of a premises that is the subject of the  foreclosure complaint shall disclose, in writing, to all tenants of the premises that a foreclosure action has been filed. The owner or landlord shall also notify of a foreclosure suit, in writing, before a tenant signs a lease.

The City of Chicago advises that if you are seeking to exercise your rights under the Residential Landlord and Tenant Ordinance (RLTO), consulting an attorney would be advisable.

At www.bradfordmillerlaw.com you can review the City of Chicago Residential Landlord and Tenant Ordinance Summary along with other helpful landlord information. Bradford Miller Law, P.C. has been representing Landlords for several years and, we can assist you in resolving any tenant issues that you may encounter. If you are having a problem and need legal representation contact us at 312-238-9298 so we can help resolve your problem.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, IL 60602

Offering free legal representation to homeowners seeking a short sale

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

Do you know about the program called "Rents Right"

The City of Chicago, in partnership with tenant and landlord organizations, has formed the Rents Right campaign to educate Chicagoans about the legal responsibilities and rights of renters and property owners.

With more than 60 percent of Chicagoans living in rental housing, Rents Right provides landlords and tenants with assistance in meeting their legal obligations and exercising their rights. The Residential Landlord and Tenant Ordinance (RLTO) governs the majority of residential rental agreements in the City. Knowing your rights and responsibilities is key to a good rental relationship. Be sure you know what's expected of you and what you can expect in return. Whether you're a tenant or landlord, there are laws that spell out your rights and responsibilities.  For more information about Rents Right, call the Chicago Rents Right Hot-line at 312.742.RENT (312.742.7368).

At www.bradfordmillerlaw.com you can review the City of Chicago Residential Landlord and Tenant Ordinance Summary along with other helpful landlord information. Bradford Miller Law has been representing Landlords for several years and, we can assist in resolving any tenant issues that you may encounter. If you are having a problem and need legal representation contact us so we can help.

Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
134 N. LaSalle Street, 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 residential real estate attorney, Chicago landlord tenant law attorney, Chicago eviction attorney, Chicago estate planning attorney, Estate Planning Lawyer, Chicago leases, Chicago real estate attorney, Chicago real estate lawyer, Chicago building code violations, Chicago real estate attorney fees. This is intended to be advertising. Please consult with an attorney before acting on any information given here.

Door and window screen reminder.

On July 18, 2014, after incidents this summer in which young children were severely injured or killed after falling from an open window, the Department of Buildings and the Department of Public Health are reminding residential building owners, occupants and parents to install operable window guards on windows and limit window openings to 4 inches or less.

The Chicago Building Code requires every door opening and every window to have screens in place from April 15th to November 15th of each year. Specifically, every door opening directly from any family unit to the outdoors and every window, or other outside openings used for ventilation purposes, must be supplied with a screen of not less than 16 mesh per inch and every screen door shall have a self-closing device in good working condition. Further information can be found on the City of Chicago website.

Owners are required by law to make necessary repairs and maintain their property in a safe condition. Landlords, however well you maintain your rental properties, problems can arise. Bradford Miller Law, P.C. focuses on real estate law, landlord tenant law, building code violations and estate planning. We are committed to providing you with expert legal support and approach every client with a focus on integrity, advocacy, and understanding. At www.bradfordmillerlaw.com you will find information about our firm. To discuss your pending or potential real estate transaction, your ongoing legal needs as a property owner or landlord, or your estate planning concerns, call us at 312-238-9298 for a free 15-minute consultation.

Posted by Bradford Miller Law, P.C.
Practicing in 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 Building Code violations, Chicago Building Code Violation lawyer, Chicago short sale attorney, Chicago landlord tenant attorney, Chicago Real Estate attorney, Chicago Eviction attorney, Chicago Leases, Chicago real estate attorney fees, Estate Planning Lawyer. This is intended to be advertising. Please consult with an attorney before acting on any information given here.