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CARPLS Volunteer Training

CARPLS Volunteer Training . Landlord-Tenant Law For Volunteer Lawyers Matt Gallagher Senior Staff Attorney CARPLS mgallagher@carpls.org. 10/3/2007. (c) 2007 CARPLS. Overview of Substantive Training. Preliminary Questions for Callers Initial Legal Considerations Pre-Tenancy Issues

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CARPLS Volunteer Training

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  1. CARPLS Volunteer Training Landlord-Tenant Law For Volunteer Lawyers Matt Gallagher Senior Staff Attorney CARPLS mgallagher@carpls.org 10/3/2007 (c) 2007 CARPLS

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Preliminary Legal Considerations Certain legal issue must be considered in virtually all landlord-tenant cases 10/3/2007 (c) 2007 CARPLS

  8. 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

  9. What Law Applies? A variety of laws can apply • Local ordinances • State Law • Federal Law 10/3/2007 (c) 2007 CARPLS

  10. 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

  11. Other local ordinances • Mount Prospect • Evanston • Oak Park 10/3/2007 (c) 2007 CARPLS

  12. 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

  13. Federal Laws • Subsidized Housing Rules • Fair Housing Act 10/3/2007 (c) 2007 CARPLS

  14. 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

  15. What is the likely path through CARPLS? Referral to Social Service or Government Agency Referral to Legal Service Provider Mail to client Self-help material Advise client Over the phone A CARPLS Case 10/3/2007 (c) 2007 CARPLS

  16. Typical Fact Patterns • Questions you should ask • What law governs • General practice tips • Referrals and mail outs 10/3/2007 (c) 2007 CARPLS

  17. Pre-tenancy issues Common issues which arise before the tenant signs the lease or moves into the unit 10/3/2007 (c) 2007 CARPLS

  18. 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

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

  20. Apartment Condition Problems I Governing Law: • Common law • CRLTO • Residential Tenant Right to Repair Act 10/3/2007 (c) 2007 CARPLS

  21. 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

  22. Apartment Condition Problems III Illinois Residential Tenants Right to Repair Act • Similar to CRLTO • Similar exclusions 10/3/2007 (c) 2007 CARPLS

  23. Apartment Condition Problems IV If no statute, look to: • Language of printed lease • Common law 10/3/2007 (c) 2007 CARPLS

  24. 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

  25. Eviction • Notices • Eviction procedures • Defenses to eviction 10/3/2007 (c) 2007 CARPLS

  26. 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

  27. 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

  28. Eviction Procedure - Intro • Forcible Entry & Detainder Statute • Cook County Eviction Courtrooms • Daley Center • Suburban 10/3/2007 (c) 2007 CARPLS

  29. 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

  30. 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

  31. 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

  32. 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

  33. 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

  34. 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

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

  36. 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

  37. 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

  38. 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

  39. 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

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

  41. 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

  42. Public Housing • CHA is the landlord • Few CARPLS cases • Clients generally know grievance procedures • Refer to LAF 10/3/2007 (c) 2007 CARPLS

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

  44. 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

  45. 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

  46. 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

  47. 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

  48. 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

  49. 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

  50. 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

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