12 Comments »

• David Zwaska says:

  July 21, 2010 at 8:23 am

  Could you please confirm or edit the following information on foreclosure?

  “If the foreclosure case began after November 20, 2008, the landlord does have to tell current tenants about foreclosure filings within 7 days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who are not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.”

  Thank you,
  David Zwaska

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  • John Bartlett says:

    July 21, 2010 at 9:20 am

    It is within 7 days of the landlord learning of the filing.

    Reply to this comment »
• Michelle says:

  February 25, 2011 at 1:12 pm

  I have asked my landlord to notify me before entering my apartment except in emergencies, when he is allowed to enter at any time. I have needed him to come in frequently to make repairs and have complained to my leasing company about his inability to make correct or timely repairs or to maintain common areas.

  I feel he has retaliated against me by not making an emergency repair to my apartment (not turning my pilot light back on after making repairs to the apartment boiler while turning others back on). He even said to my boyfriend and to the People’s Energy workers that the reason why he did not turn my pilot light back on was because I complain too much and that he was afraid of coming in without my permission. However, the apartment filled to such high levels of gas that we were told to leave the apartment immediately.

  I dont have any money to consult a lawyer. And I am not sure what to do. I am afraid that this will escalate and the leasing company is not being helpful and is actually taking the side of the building manager.

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  • John Bartlett says:

    March 1, 2011 at 8:13 pm

    I am not sure how to answer your question. Interpreting the meaning of retaliation is a job for an attorney. It is illegal for the landlord to evict someone for asking for repairs. It is important to document what you do and the actions of the landlord. For instance if you request repairs you can document the request by putting it in writing. There are other steps that you can take and in this case it may be best to consult an attorney.

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  • Paul Bernstein says:

    April 29, 2011 at 2:00 pm

    Michelle: MTO has a list of attorneys who have volunteered to help tenants in need, and many of them on the list, or at least some of them, will provide guidance and help without a fee. On the other hand, very often, especially if there is retaliation, lawyers who help tenants such as yourself CAN COLLECT legal fees, but under the Chicago Residential Landlord and Tenant Ordinance if it applies) the tenant’s lawyer can collect the fees from THE LANDLORD. Contact MTO via voice or the HotLineOnLine for more information on this.

    Paul Bernstein

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• Gerard Dominguez says:

  March 21, 2011 at 1:23 pm

  I rent a condo unit in Roger’s Park since 2009. I recently in the last 30 days renewed my lease for another year with the owners representative (owners brother as owner has been gone for last two years in her native country). Just days after the lease renewal I came home to an eviction notice from the Cook County Sheriff on behalf of Wachovia Bank with the owners name on it. It says the order for possession was set in october of last year 2010. There have been many units in foreclosure in this building, and all units have been served over time notices to vacate or options on relocation from Fannie Mae and other companies, I never saw something like this.

  It says if I am not the person named on the notice I may be able to stay for 120 days, may be able not for sure. I have to provide proof of residency like a utility bill and go downtown during the day. I am at work during the day and cannot afford any time off as I am not entitiled to leave without pay. If I miss a day at work I could lose my job as I am in my first 90 days of employment. I know I am not getting my security back 1.5 months of money lost. There was no previous indication from the bank or anyone that this was in foreclosure isn’t there some other notice that must be posted prior to the eviction? Is there anyone I can contact for more time to put together a new security deposit and 1st months rent? I also have bad credit after losing my job in 2009 and falling behind on bills, making it even harder to find a place to live. I have two children that live with their mother, but I have them every weekend per courtorder, so I need a 2 bed apartment to accomidate thier sleeping situation. This has really caused a major issue for me and the notice left no number to contact, it only says go in person. IF I go in person I may lose my job. Any information would be greatly appreciated. Again previously no notice was posted, just the eviction notice on 03/11/2011.

  Thank you,

  Renter in Dispair

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  • Meron Kahssai says:

    March 22, 2011 at 2:13 pm

    The Protecting Tenants at Foreclosure Act requires the foreclosing bank to honor the rest of your lease. However, you mentioned that you signed a new lease in the last month. My concern is that if you signed a lease after the confirmation of sale (meaning after your landlord has lost ownership), your lease may be void. Your first step is to call the Foreclosure Court – Chancery Division at (312)603-5133 to find out when the confirmation of sale was. If the confirmation of sale was before the date you and your landlord signed the lease, I recommend speaking to an attorney to discuss your options. Email me at meron@tenants-rights.org if you would like an attorney referral. If it’s determined that the new lease is not valid, then the law requires that you are given at least 90 days before your tenancy is terminated.

    Secondly, if the sale has already been confirmed, you should not be paying rent to your landlord as he/she is no longer the legal owner. You can inquire with the lender to find out where you should be sending your rent payment. You must pay rent the entire time you reside there, or else you’ll risk eviction. If there is confusion on where to send your rent, you should escrow the money until you find out. An easy way to do this is buy purchasing money orders by your rent due date each month. You will want to hold on to these money orders in the event your lender demands payment.

    As far as your security deposit is concerned, if your tenancy is governed by the Chicago Residential Landlord Tenant Ordinance, your lender is liable for the deposit. If you are renting a condo in Rogers Park, you should be covered, unless your landlord occupies it with you. If your tenancy is not governed by the Chicago RLTO, then your landlord is still liable. Your landlord will have 45 days after your move out to refund the deposit to you. Being that your landlord has just lost a huge asset, it may be difficult to retrieve your deposit and you may need to go to small claims to sue. You can sue for the deposit, interest, court fees, and possibly a penalty of double the deposit.

    Regarding traveling downtown during business hours, I understand your concern about missing work. You may be able to send a representative in your place to prove your residency there. If there is a phone number on the notice, you can call and inquire about your options as far as proving residency without being present.

    If you still need assistance with a security deposit or first month’s rent, you can call 311. Be sure to inform the 311 operator that your landlord is in foreclosure as this may determine if, and how speedy, they can accommodate you.

    -Meron

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• Shawn says:

  May 6, 2011 at 10:14 am

  I rent a townhome with a subsidy attached. I have recently found out that my rent was not being applied to my account for a year. I have some of my checks and money orders but not all.

  The management company has now in turned told me that I was reporting incorrect income and that I now owe HUD back money. Also in my file I found that my signature was forged on some of the documents. I received copies of the documents and you can clearly noticed that it is not my signature. On Wednesday I met with the management office to discuss the situation at hand and I received a document with a payment agreement and was told that if I didn’t sign my lease would be terminated. So I signed under duress.

  At this point I don’t know what to do.

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  • John Bartlett says:

    June 12, 2011 at 9:02 am

    Contact an attorney. The Legal Assistance Foundation specializes in subsidy housing.

    Reply to this comment »
• PaulBernstein says:

  August 8, 2011 at 5:59 am

  I strongly urge that MTO adapt the software being used here so that when a NEW inquiry comes in from a tenant (or landlord) that that comment is immediately emailed to everyone who wishes to be on the list of those willing to handle such inquiries.

  Many inquiries by tenants relate to emergencies, as well as general inquiries. Time is almost always of the essence, particularly when an inquiring party has made the effort to find MTO and enter a comment.

  Can and will MTO inquire as to whether this software allows such “email forwarding” to get so involved who wishes to?

  Paul Bernstein
  paulbernstein@yahoo.com

  Reply to this comment »
• Molly says:

  September 30, 2011 at 10:08 pm

  HELP! My landlord is crazy…I live in a 3 flat and my boiler and hotwater heater are in the basement of the building, the laundry hotwater heater is also down there. Back in July the basement flooded and the pilot lights went out on all three. I got my hotwater heater re-lit but couldn’t get the other two lit. I called my landlord on 7/9, 7/23 to notify her of the problem. She did nothing to fix either appliance. Jump ahead to 9/15…I called her again to notify her of the problem, she contacted a service co. which i had to take a day off of work to sit here and wait for on 9/23, they came out, said she needed ‘parts’ and no repairs were made. Then on the 28th i get a call from some other service co. telling me they’re calling to schedule an appointment for service. I couldn’t take more time off of work, so i directed them back to the landlord to schedule an appt. The landlord aclls me later that day all frantic and aggitated telling me i need to be there and why am I being uncooperative…etc. So I explain to her for the millionth time that i work during the week and can’t sit around her building waiting on service men for her, i suggest she fin a service co with weekend hours so i can accmmodate and she refuses. Bottom line is i havent had heat 9/15 – 9/30 which is a clear violaton of the city ordinance, so i sent her a letter telling her that i’m withholding rent for the day i’ve been without heat. So what does she do??? She has her friend John call me and threaten me…now i don’t know what to do…is 3 phone notifications from me along wit hmultiple notifications from one of the other tenants? or should i pay the full rent amount and sue her? These past two weeks have been hell…its not my fault I can’t afford a hotel for two weeks, i had to stay.

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  • John Bartlett says:

    October 1, 2011 at 7:22 am

    Before you reduce the rent for no heat or for that matter any other repair item, the Chicago law requires tenants to notify the landlord in writing that about the problem and what steps you intend to take. It sounds like this was not done. Here is link to the your options for remedying heat related problems http://www.tenants-rights.org/heat-other-essential-services-faq/.

    As for being threatened by your landlord, that could be viewed as retaliation. You may want to consult with an attorney about that. Finally on the next cool day you may want to request an heat inspection from the City of Chicago by calling 311. The problem there is you may have to be home though if your neighbor is home more often it may be better to suggest the neighbor call.

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