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  1. #1

    Default What Legal Remedies Do You Have if Asked to Move Out, With No Rental Agreement

    My question involves landlord-tenant law in the State of: ILLINOIS

    City of Chicago

    My current issue is an extension of a neighbor dispute I had and sought advice in the following thread: https://www.expertlaw.com/forums/sho...d.php?t=213399

    Today I went to pay my rent and my landlord refused to accept payment and instead asked that I clear the basement unit by the end of the month.

    Since I did not want to deal anymore with intolerant neighbors I was going to start looking for a new place to leave as soon as possible. However, at this moment I am going through a job transition, which would negatively impact my chances of finding new housing and requested a few months. It seems like my landlord wants me to leave immediately since either my upstairs neighbors are blackmailing them with court orders to force me out or they simply just want to appease them.

    In either case, I am currently facing an owner-occupied landlord who wants me out by the end of the month and no rental agreement to depend on for legal remedies. I live in Chicago and they tend to have friendlier tenants rights against landlords, but I can't seem to find anywhere in the municipal code that applies to my situation. I don't have a rental agreement, since they are new owners and I have been living month to month as I have for more than 10 years. Is it legal for them to ask me to leave by the end of the month, without even so much as a written notice? Also, I suspect this is a retaliatory since the unit plumbing is always breaking down and their half-ass attempts to fix it on their own does not work, so they might consider my complaints a nuisance.

    The only leverage I think I have on my landlord is that fact that I am aware the basement I live in was built without permits, but before they were the owners. However, I believe the city would still request that they tear it down even if they don't plan on renting out to other tenants.

    Does anybody think it is advisable to remind them of their legal obligations and liabilities? I am not a confrontational person, but I don't want to be railroaded by conspiring parties, before I have a chance to look for new housing. What other legal options do I have? I also don't want to them to move forward to evict me since I am not refusing to leave. I am only requesting adequate notice and courtesy. I always pay my rent on time and have never had issues with my landlords. So much, that I have always maintained excellent friendships long after, and whose advice on this matter I have also sought.


    Thank you all in advance for your advice as well.

    legally_interested

  2. #2
    Join Date
    Mar 2013
    Posts
    16,747

    Default Re: What Legal Remedies Does One Have Without a Rental Agreement

    I also don't want to them to move forward to evict me since I am not refusing to leave. I am only requesting adequate notice and courtesy.
    There is only one thing that matters. You are a tenant at will (month to month).

    Illinois statute 735 ILCS 5/9-207 requires that the landlord give you 30 days written notice of termination:

    http://www.ilga.gov/legislation/ilcs...73500050K9-207

    That's the landlord's ONLY legal obligation if he wants you out.

    He has not complied with that law.

    Chicago has it's own landlord tenant laws but they don't appear to change that requirement:

    http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title5housingandeconomicdevelopment/chapter5-12residentiallandlordsandtenant?f=templates$fn=def ault.htm$3.0$vid=amlegal:chicago_il

    Your options:

    1 - Tell him now and refer him to the statute and immediately get handed 30 days written notice that is likely to give you until March 5, at which time he can file for eviction through the courts which won't do your credit reports any good.

    2 - Don't tell him now and if you haven't found anything by the end of the month, tell him then and you'll get a fresh 30 day written notice that'll give you another month.

    The only leverage I think I have on my landlord is that fact that I am aware the basement I live in was built without permits, but before they were the owners. However, I believe the city would still request that they tear it down even if they don't plan on renting out to other tenants.
    That's no leverage at all. For one thing, it's between him and the city and won't give you any more time than the aforementioned statute gives you (and might also constitute the crime of extortion if you threaten to rat him out if he doesn't let you stay). For another thing, the city doesn't have to give you any time to move. If the city shuts down your basement apartment today, you are out today.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,185

    Default Re: What Legal Remedies Do You Have if Asked to Move Out, With No Rental Agreement

    Quote Quoting legally_interested
    View Post
    My question involves landlord-tenant law in the State of: ILLINOIS

    City of Chicago

    My current issue is an extension of a neighbor dispute I had and sought advice in the following thread: https://www.expertlaw.com/forums/sho...d.php?t=213399

    Today I went to pay my rent and my landlord refused to accept payment and instead asked that I clear the basement unit by the end of the month.

    Since I did not want to deal anymore with intolerant neighbors I was going to start looking for a new place to leave as soon as possible. However, at this moment I am going through a job transition, which would negatively impact my chances of finding new housing and requested a few months. It seems like my landlord wants me to leave immediately since either my upstairs neighbors are blackmailing them with court orders to force me out or they simply just want to appease them.

    In either case, I am currently facing an owner-occupied landlord who wants me out by the end of the month and no rental agreement to depend on for legal remedies. I live in Chicago and they tend to have friendlier tenants rights against landlords, but I can't seem to find anywhere in the municipal code that applies to my situation. I don't have a rental agreement, since they are new owners and I have been living month to month as I have for more than 10 years. Is it legal for them to ask me to leave by the end of the month, without even so much as a written notice? Also, I suspect this is a retaliatory since the unit plumbing is always breaking down and their half-ass attempts to fix it on their own does not work, so they might consider my complaints a nuisance.

    The only leverage I think I have on my landlord is that fact that I am aware the basement I live in was built without permits, but before they were the owners. However, I believe the city would still request that they tear it down even if they don't plan on renting out to other tenants.

    Does anybody think it is advisable to remind them of their legal obligations and liabilities? I am not a confrontational person, but I don't want to be railroaded by conspiring parties, before I have a chance to look for new housing. What other legal options do I have? I also don't want to them to move forward to evict me since I am not refusing to leave. I am only requesting adequate notice and courtesy. I always pay my rent on time and have never had issues with my landlords. So much, that I have always maintained excellent friendships long after, and whose advice on this matter I have also sought.


    Thank you all in advance for your advice as well.

    legally_interested
    He told you that he wants you out by the end of the month. That is 25 days from today. He is required by law to give you 30 days notice. That would add 5 more days.
    Rather than fight it out with him now, see if you can get out in 25 days. If you cannot, then fight with him over the extra 5 days.

  4. #4

    Default Re: What Legal Remedies Does One Have Without a Rental Agreement

    Quote Quoting adjusterjack
    View Post
    That's no leverage at all. For one thing, it's between him and the city and won't give you any more time than the aforementioned statute gives you (and might also constitute the crime of extortion if you threaten to rat him out if he doesn't let you stay). For another thing, the city doesn't have to give you any time to move. If the city shuts down your basement apartment today, you are out today.
    I wouldn't think of using that information to extort them, but to gently remind them that they have more to lose as owners than I do as a tenant. I understand that the city will expedite the eviction process since the unit is illegal, but the landlord can be liable for relocation costs due to renting an illegal unit.

    I hope they don't catch wind that they haven't served me with a written notice, but in either case I completely disagree with their tactics and conclusions. I can arguably demonstrate how their unit is a hazard. I have gone through 4 microwaves over a short period because their wiring is all amateur. Its ridiculous how unaware of their responsibilities they are as new homeowners. They have like 10 people living in a 2 bedroom unit and are constantly building fire hazard compartments such as a makeshift green house next to my window, blocking the view, exit, and connecting an extension to keep the plants warm. Its ridiculous how much they abuse of one's good nature and now want to kick them out for no good reason.

    I guess I have no option but to stay quiet and hopefully find other ways to buy time. 30 days is not enough to look for in Chicago when you are in between jobs and its winter.

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