Subleases

Did you know that according to the City of Chicago Residential Landlord and Tenant Ordinance a landlord must accept a reasonable subtenant offer by a tenant without charging an additional fee?

If a tenant moves prior to the end of the rental agreement, the landlord must make a good faith effort to find a new tenant at a fair rent. And, if the landlord is unsuccessful in re-renting the unit, the tenant remains liable for the rent under the rental agreement as well as the landlord's cost for advertising.

Bradford Miller Law is here to help landlords with legal matters they may encounter regarding their tenants including resolving any lease and/or sublease issues. We have been helping landlords for several years regarding many issues that landlords come across. Give us a call and we will be happy to assist you.

Posted by Bradford Miller Law, P.C.

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, 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.

Chicago Security Deposits..Did you know?

A landlord must hold all security deposits received in a federally insured interest- bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois.  The security deposit and interest due shall continue to be the property of the tenant and must not be commingled with the assets of the landlord.

A landlord may accept the payment of the first month's rent and security deposit in one check or one electronic funds transfer, and deposit the money into one account, if within 5 business days of the acceptance of the check or electronic transfer, the landlord transfers the amount of the security deposit into a separate account.

The name and address of the financial institution where the security deposit will be deposited shall be clearly and conspicuously disclosed in the written rental agreement signed by the tenant.  If no written rental agreement is provided, the landlord shall, within 14 days of receipt of the security deposit, notify the tenant in writing of the name and address of the financial institution where the security deposit was deposited.

If, during the rental agreement, a security deposit is transferred from one financial institution to another, the landlord must within 14 days of the transfer, notify the tenant in writing of the name and address of the new financial institution.

Any landlord who receives a security deposit from a tenant or prospective tenant must at the time provide a receipt indicating the amount of the security deposit, the name of the person receiving it and, in the case of an agent, the name of the landlord for whom the security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt must be signed by the person who received the deposit. If the security deposit is received by means of an electronic funds transfer, the landlord must also provide an electronic receipt of the security deposit which provides an electronic or digital signature of the person receiving the deposit.

A landlord who holds a security deposit for more than six months shall pay interest to the tenant accruing from the beginning date of the rental term specified in the rental agreement at the rate determined in accordance with the interest rates set by the City of Chicago Comptroller for the year in which the rental agreement was entered into.  The landlord shall, within 30 days after the end of each 12-month rental period, pay to the tenant any interest, by cash or credit to be applied to the rent due.

 

Posted by Bradford Miller Law, P.C.

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, 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.

 

Chicago sets 2014 security deposit interest rate

The city comptroller has announced a 2014 interest rate of 0.013 percent to be paid on security deposits held by landlords. This rate applies to all residential rental agreements in which the lease term begins from January 1 to December 31, 2014.

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.

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.