Landlord/Tenant Disputes

 

Eviction and Unpaid Rent

  When a landlord and a tenant have a dispute it usually results in a legal action. A landlord can file an eviction action (otherwise known as a forcible detainer action or special detainer action) against a tenant for nonpayment of rent, for breach of lease, for misrepresenting information to the landlord, for allowing unauthorized persons to live on the premises, or if the tenant has committed a crime. The purpose of an eviction action is to remove the tenant(s) from the property. The landlord can also seek payment for unpaid rent and damage to the property. This litigation for eviction and any damages is called a joint action.  

Valid Defense

  However, a tenant may have a valid defense against the landlord’s action and/or be able to bring a counter action against the landlord. Such actions can be based upon the landlord is failure to follow the lease agreement, other landlord actions including failing to return the security deposit in a timely fashion, failing to provide “paid receipts” (not invoices) for deductions, or failing to pay mandatory interest earned on a security deposit. Many tenants’ actions result in a landlord paying the tenant double the security deposits plus other damages and having the landlord pay the tenant’s legal fees.

Hot Tip

The Chicago Landlord Tenant Ordinance (RLTO) is the preeminent source of tenants’ rights law for those who live in the City of Chicago. As a landlord, you must know your duties and responsibilities or face harsh penalties. To download a full copy of the Chicago Landlord Tenant Ordinance, click here.

Eviction Process

  The eviction process consists of:

• Giving notice to the tenant and any other person residing there as well to take prompt action, such as to bring all unpaid rent current, to either correct the problem or leave the premises, or in some cases, unconditionally leave the premises
• If the tenant fails to comply, file a lawsuit to evict the tenant and regain possession of the property (along with amounts owed for damages, unpaid rent, and/or court costs)
• If the tenant continues to remain in the premises, the landlord must obtain an order of possession from the court to forcibly remove the tenant

We believe that any dispute should be handled quickly in order to reach the right resolution and move forward in a positive manner