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Notice of Non Renewal of Lease Contract CARPLS

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					            CARPLS Volunteer Training


            Landlord-Tenant Law
            For Volunteer
              Lawyers



            Matt Gallagher
            Senior Staff Attorney
            CARPLS
            mgallagher@carpls.org
10/3/2007                     (c) 2007 CARPLS   1
            Overview of Substantive Training

               Preliminary Questions for Callers
               Initial Legal Considerations
               Pre-Tenancy Issues
               Issues Arising During Tenancy
               Post-Tenancy Issues
               Miscellaneous Issues



10/3/2007                  (c) 2007 CARPLS     2
            Preliminary Questions for Clients


            There are certain
              preliminary
              questions that
              should be asked of
              all callers with
              landlord-tenant
              problems




10/3/2007                 (c) 2007 CARPLS   3
            Background information questions

               Where is the apartment?
               Who is the tenant?
               Is it subsidized housing?
               Who is the landlord and where does
                the landlord live?
               How many units are in the building?




10/3/2007                  (c) 2007 CARPLS    4
            Questions About the Lease



               How much is the monthly rent?
               How much is the security deposit?
               Is the lease written or oral?




10/3/2007                 (c) 2007 CARPLS    5
            Questions About the Situation



               Is the tenant current on the rent?
               What is the problem?
               What is the client’s goal?




10/3/2007                  (c) 2007 CARPLS     6
            Preliminary Legal Considerations

             Certain legal issue
             must be
             considered in
             virtually all
             landlord-tenant
             cases




10/3/2007                 (c) 2007 CARPLS      7
            Questions to Ask Yourself


               What law applies?
               What does the client want?
               What is the likely path for this
                case?




10/3/2007                   (c) 2007 CARPLS        8
            What Law Applies?

            A variety of laws can apply
                 Local ordinances
                 State Law
                 Federal Law




10/3/2007                   (c) 2007 CARPLS   9
            Local Ordinances

               Chicago Residential Landlord Tenant
                Ordinance (CRLTO) Applies to all
                dwellings in Chicago except:
                    Owner-occupied buildings of less than 6
                     units
                    Hotels, Motels, SROs

                    Hospitals, Convents, Monasteries

                    Real estate sale-related tenancies

                    Employer-owned housing




10/3/2007                    (c) 2007 CARPLS           10
            Other local ordinances


               Mount Prospect
               Evanston
               Oak Park




10/3/2007                 (c) 2007 CARPLS   11
            Illinois Statutes

               Forcible Entry & Detainder Act
               Security Deposit Return Act
               Security Deposit Interest Act
               Utility Service Act
               Residential Tenant Right to Repair
                Act
               Human Rights Act


10/3/2007                  (c) 2007 CARPLS    12
            Federal Laws


               Subsidized Housing Rules
               Fair Housing Act




10/3/2007                 (c) 2007 CARPLS   13
            What does the client want?

               What is the client’s expressed goal?
               Is this a realistic goal?
               What are the economics of the
                situation?
               What is a realistic goal?
               Can the client help themselves?




10/3/2007                  (c) 2007 CARPLS     14
            What is the likely path through
            CARPLS?

                                 A CARPLS
                                    Case




                          Referral to
            Referral to
                            Social       Advise client   Mail to client
              Legal
                           Service or       Over          Self-help
              Service
                          Government      the phone       material
             Provider
                            Agency




10/3/2007                        (c) 2007 CARPLS                      15
            Typical Fact Patterns


               Questions you should ask
               What law governs
               General practice tips
               Referrals and mail outs




10/3/2007                 (c) 2007 CARPLS   16
            Pre-tenancy issues



            Common issues
              which arise before
              the tenant signs
              the lease or
              moves into the
              unit




10/3/2007                  (c) 2007 CARPLS   17
            Tenant put down security deposit and
            wants to back out of the deal

               Can the client document it?
               Is there a valid lease?
               Did the client sign anything?

            Basic contract law applies
            No legal aid referrals or mail outs



10/3/2007                  (c) 2007 CARPLS      18
            Issues Arising During Tenancy
            Common issues
              arising during the
              course of the
              tenancy




10/3/2007                  (c) 2007 CARPLS   19
            Apartment Condition Problems I


            Governing Law:

               Common law
               CRLTO
               Residential Tenant Right to Repair
                Act


10/3/2007                  (c) 2007 CARPLS    20
            Apartment Condition Problems II

            CRLTO:
             “Repair and deduct” for minor or
              moderate problems
             Lease termination for major
              problems
             Written notice requirements

             Tenant may make repairs




10/3/2007               (c) 2007 CARPLS    21
            Apartment Condition Problems III

            Illinois Residential Tenants Right to
               Repair Act

               Similar to CRLTO
               Similar exclusions




10/3/2007                  (c) 2007 CARPLS    22
            Apartment Condition Problems IV

            If no statute, look to:

               Language of printed lease
               Common law




10/3/2007                 (c) 2007 CARPLS   23
            Apartment Condition Problems V

            Practical advice:
             Everything must be in writing!!!

             Call building inspector

             Take pictures

             Retaliation is an issue

             Make sure tenant doesn’t wind up
              complaining their way to
              homelessness

10/3/2007               (c) 2007 CARPLS    24
            Eviction

               Notices
               Eviction procedures
               Defenses to eviction




10/3/2007                  (c) 2007 CARPLS   25
            Eviction Notices - Types


               5 Day - nonpayment of rent
               10 Day - other breach of lease
               30 Day - termination of month-to-
                month tenancy




10/3/2007                 (c) 2007 CARPLS    26
            Eviction Notices - Service
            Effective service of a notice:
             personal service on the tenant;
             service on a person 13 years old or older
              if residing on the premises or in
              possession of the premises;
             certified or registered mail, with return
              receipt; or
             posting, but only where no one is in
              actual possession



10/3/2007                  (c) 2007 CARPLS       27
            Eviction Procedure - Intro

               Forcible Entry & Detainder Statute
               Cook County Eviction Courtrooms
                   Daley Center
                   Suburban




10/3/2007                    (c) 2007 CARPLS   28
            Eviction Timeline Part 1

               Tenant served 5-day notice
               Complaint filed after 5-day expires
               Tenant served and assigned court
                date about 2 weeks later
               Tenant appears on return date and
                trial occurs same day
               Eviction order entered, enforcement
                stayed for 1-2 weeks

10/3/2007                  (c) 2007 CARPLS   29
            Eviction Timeline Part 2

               After stay expires, eviction order
                placed with Sheriff
               Sheriff schedules eviction - 1-3
                weeks after receipt of order
               “24 hour letter” sent by sheriff
               Sometime thereafter, sheriff will
                actually appear and evict



10/3/2007                  (c) 2007 CARPLS     30
            Defenses to eviction

            Only germane defenses:
             Landlord did not serve proper
              notice
             Tenant paid rent within 5 days

             Tenant did not breach lease

             Retaliatory eviction (under CRLTO)

             Waiver by landlord

            Speak up - “I have a defense”

10/3/2007               (c) 2007 CARPLS     31
            Evictions - Practical advice

               Landlords almost always win
               It’s a matter of proof, not the truth
               Lack of a proper notice is the best
                defense
               Agreed orders are tough to vacate
               Try to buy time only if it will help
                the tenant


10/3/2007                  (c) 2007 CARPLS      32
            Common Area Utility Problems


               Landlord or other tenant stealing
                utilities - call police, City and utility
                companies
               Tenant can only be required to pay
                if in lease and if landlord gives 12
                months bills - bad deal for tenant



10/3/2007                    (c) 2007 CARPLS       33
            Termination of Utilities

               If landlord obligated to pay utilities
                in rent and fails to do so, potential
                rent abatement if tenant mitigates
                damages
               Practical advice: Call landlord, if no
                response pay bill yourself and
                deduct from rent after mailing proof
                to landlord


10/3/2007                  (c) 2007 CARPLS      34
            Post-Tenancy Issues
            Common issues
              which do not arise
              until after the
              tenancy is over




10/3/2007                  (c) 2007 CARPLS   35
            Security Deposits I

            Typical problems:
             Landlord fails to return full amount

             Landlord sells building

             Tenant wants to use it as last
              month’s rent




10/3/2007                (c) 2007 CARPLS     36
            Security Deposits under CRLTO
               Within 30 days of vacating, landlord
                must provide either:
                   Full refund; or
                   Itemized statement of damages with
                    receipts or estimates
               Within 45 days of vacating, landlord
                must provide:
                   Balance of security deposit; and
                   Paid bills showing repairs done


10/3/2007                     (c) 2007 CARPLS          37
            Security deposit practicalities

               If not covered by CRLTO or state
                act, look to lease and contract law
               Take pictures when moving in and
                moving out!
               Give landlord your forwarding
                address
               Pro se court is always an option



10/3/2007                  (c) 2007 CARPLS     38
            Security deposit interest

               Under CRLTO, rate set by City
                Comptroller - 1.68% for 2007
               Under State Security Deposit
                interest act (25+ units), 0.5% for
                2007
               Otherwise, look to lease




10/3/2007                  (c) 2007 CARPLS     39
            Subsidized Housing Issues
            Issues related to
              Section 8 and
              other subsidized
              housing programs




10/3/2007                (c) 2007 CARPLS   40
            Section 8

               Federal housing subsidy
               Market-rate apartments, rent
                subsidy of 0-100% from
                government
               Tenant signs a lease directly with
                landlord
               Refer problem cases to LAF



10/3/2007                  (c) 2007 CARPLS     41
            Public Housing

               CHA is the landlord
               Few CARPLS cases
               Clients generally know grievance
                procedures
               Refer to LAF




10/3/2007                  (c) 2007 CARPLS   42
            Miscellaneous Issues
            A grab bag of other
              miscellaneous
              issues




10/3/2007                 (c) 2007 CARPLS   43
            Discrimination

               Discrimination based on race, sex,
                sexual orientation, source of
                income, or disability is illegal under
                various Federal, state, and local
                laws
               Referrals are available to legal aid
                agencies and government agencies



10/3/2007                   (c) 2007 CARPLS      44
            Exorbitant Late Charges

               If CRLTO applies, limited to $10 per
                month plus 5% of rent to the extent
                the rent exceeds $500
               Otherwise, no formal limit placed –
                check lease, check for
                reasonableness




10/3/2007                  (c) 2007 CARPLS    45
            Tenant vs. Tenant harassment

               Covenant of quiet enjoyment
               Try mediation if at all possible –
                CCR
               Otherwise raise with landlord
               Very tough to break lease due to
                this




10/3/2007                  (c) 2007 CARPLS     46
            Landlord is the caller

               Treat like any other caller re:
                income, etc.
               Many low-income landlords do
                qualify because the rent is not
                coming in so they have no income
               Mail out available on how to evict a
                tenant



10/3/2007                  (c) 2007 CARPLS     47
            Lease renewals

               CRLTO requires 30 day notice of
                non-renewal

               Otherwise, no requirement to notify
                of non-renewal unless set forth in
                written lease




10/3/2007                  (c) 2007 CARPLS    48
            Landlord’s access to apartment

               Common law and CRLTO provide
                landlord reasonable access
               Landlord must give reasonable
                notice (2 days) before entering
               In emergencies landlord may enter
                without notice (but under CRLTO
                must give post-access notice)



10/3/2007                 (c) 2007 CARPLS   49
            Lockouts

               “Lockout” = any illegal withholding
                of possession of apartment from
                tenant by landlord, incl. changing
                locks and terminating utilities
               Call 911 if it just happened
               Landlord cannot take self-help steps
                to evict – only a sheriff can evict



10/3/2007                  (c) 2007 CARPLS    50
            Subleases

               Landlord has to accept a reasonable
                sublease
               Tenant remains primarily liable for
                rent




10/3/2007                  (c) 2007 CARPLS   51
            Building code violations

               CRLTO requires landlord to notify
                tenants of all building code
                violations within prior 12 months




10/3/2007                  (c) 2007 CARPLS    52
            Roommates

               If both named on lease, they are
                jointly and severally liable
               If only 1 is named, the other is
                considered a subtenant
               Roommates can evict other
                roommates




10/3/2007                  (c) 2007 CARPLS   53
            Questions? Contact us

               Matt Gallagher
                   mgallagher@carpls.org
               Leslie Wallin
                   lwallin@carpls.org
               Kelli Johnson
                   kjohnson@carpls.org




10/3/2007                 (c) 2007 CARPLS   54

				
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