1 10/3/2007(c) 2007 carpls carpls volunteer training landlord-tenant law for volunteer lawyers matt...
TRANSCRIPT
110/3/2007 (c) 2007 CARPLS
CARPLS Volunteer Training
Landlord-Tenant Law
For Volunteer Lawyers
Matt Gallagher
Senior Staff Attorney
CARPLS
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Overview of Substantive Training
Preliminary Questions for Callers Initial Legal Considerations Pre-Tenancy Issues Issues Arising During Tenancy Post-Tenancy Issues Miscellaneous Issues
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Preliminary Questions for Clients
There are certain preliminary questions that should be asked of all callers with landlord-tenant problems
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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?
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Questions About the Lease
How much is the monthly rent? How much is the security deposit? Is the lease written or oral?
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Questions About the Situation
Is the tenant current on the rent? What is the problem? What is the client’s goal?
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Preliminary Legal Considerations
Certain legal issue must be considered in virtually all landlord-tenant cases
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Questions to Ask Yourself
What law applies? What does the client want? What is the likely path for this case?
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What Law Applies?
A variety of laws can apply Local ordinances State Law Federal Law
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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
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Other local ordinances
Mount Prospect Evanston Oak Park
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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
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Federal Laws
Subsidized Housing Rules Fair Housing Act
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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?
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What is the likely path through CARPLS?
A CARPLS Case
Referral to Legal
ServiceProvider
Referral to Social
Service orGovernment
Agency
Advise clientOver
the phone
Mail to clientSelf-helpmaterial
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Typical Fact Patterns
Questions you should ask What law governs General practice tips Referrals and mail outs
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Pre-tenancy issues
Common issues which arise before the tenant signs the lease or moves into the unit
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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 appliesNo legal aid referrals or mail outs
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Issues Arising During Tenancy
Common issues arising during the course of the tenancy
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Apartment Condition Problems I
Governing Law:
Common law CRLTO Residential Tenant Right to Repair
Act
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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
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Apartment Condition Problems III
Illinois Residential Tenants Right to Repair Act
Similar to CRLTO Similar exclusions
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Apartment Condition Problems IV
If no statute, look to:
Language of printed lease Common law
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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
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Eviction
Notices Eviction procedures Defenses to eviction
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Eviction Notices - Types
5 Day - nonpayment of rent 10 Day - other breach of lease 30 Day - termination of month-to-
month tenancy
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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
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Eviction Procedure - Intro
Forcible Entry & Detainder Statute Cook County Eviction Courtrooms
Daley Center Suburban
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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
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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
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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 landlordSpeak up - “I have a defense”
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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
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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
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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
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Post-Tenancy Issues
Common issues which do not arise until after the tenancy is over
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Security Deposits I
Typical problems: Landlord fails to return full amount Landlord sells building Tenant wants to use it as last
month’s rent
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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
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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
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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
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Subsidized Housing Issues
Issues related to Section 8 and other subsidized housing programs
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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
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Public Housing
CHA is the landlord Few CARPLS cases Clients generally know grievance
procedures Refer to LAF
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Miscellaneous Issues
A grab bag of other miscellaneous issues
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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
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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
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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
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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
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Lease renewals
CRLTO requires 30 day notice of non-renewal
Otherwise, no requirement to notify of non-renewal unless set forth in written lease
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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)
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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
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Subleases
Landlord has to accept a reasonable sublease
Tenant remains primarily liable for rent
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Building code violations
CRLTO requires landlord to notify tenants of all building code violations within prior 12 months
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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
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Questions? Contact us
Matt Gallagher [email protected]
Leslie [email protected] Kelli [email protected]