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/
Thursday, August 12, 2010
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.
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