Rental Basics in Oak Lawn>Question Details

Maffpiat, Other/Just Looking in Oak Lawn, IL

We are having a problem with our landlord in Oak Lawn, Il. My friend and I live in a basement apartment and the owners (husband and wife) live

Asked by Maffpiat, Oak Lawn, IL Fri Dec 25, 2009

directly upstairs. My roommate and I are not from the USA (I am Polish she is Slovakian) and we are not aware of rental rules and renter's rights. Our apartment has only one entrance---our new American acquaintances have told us that this is illegal. There should be an entrance and an exit to our apartment. Also, the husband enters our apartment whenever he chooses. Furniture has been removed while we are out and also when we are in the apartment, he has frequently knocked once on our door and then just lets himself in. We have confronted him about this and his response was that he can just pack up our stuff and evict us from the apartment without any notice, even though we have already paid up our month's rent. My friend and I immediately began to search for a new apartment because we of course feel threatened and vulnerable. We just want to leave and get our $250 security deposit. Can you help us? linmaffiola@sbcglobal.net

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Maffpiat’s answer
thank you so much for your practical advice. we will call the village on monday, and probably use your last tactic----tell him we will report him unless we get the security back. and you're right===250 is not a lot of money compared to peace.
1 vote Thank Flag Link Fri Dec 25, 2009
Hi Maffpiat,

Here are some resources that should help you:

http://www.tenant.org/
http://www.hud.gov/local/il/renting/tenantrights.cfm

I am not a lawyer but I am a landlord here in PA. So I have some knowledge that may or may not be directly applicable to your state. There are aspects to your situation that I can only guess at. I don't know if you have a lease or any sort of written agreement at all. It "sounds" like you might just be a "month-to-month" renter. But that's only a guess.

I don't know how things work in IL. But, usually it's like this - you or your landlord must provide 30 days written notice. If you don't provide 30 days written notice, and just leave ... they keep your security and they can sue you in small claims court for the month that that you didn't provide them notice for. They also could try and sue you for damages that they might claim that you caused (whether you did or not). So, it's very important that you have lots of photos to cover your butt.

Oh ... by the way, the next time that they come by and demand to be let in to YOUR APARTMENT, or just come in when you aren't there - I would call the police. This almost certainly violates the law in your state. The officer WILL protect your rights, and then you will have established this behavior with an officer of the law. Make sure that the officer fills out a report and that you get a copy of it.

Now I could be wrong but the way the law usually works is that a landlord must provide 'reasonable notice' before they may enter your apartment, whether you are there or not - UNLESS there is an emergency (plumbing leak, smoke, fire, etc).

It's definitely a good plan to get out as fast as you can. While it is possible for you to fight and win, to keep your security - it's "only $250". Bear in mind that your idiot landlord will have a VERY hard time filling your apartment this time of year. So just by leaving at the end of January, you will be hurting him for much more than $250. Life is short and $250 isn't a lot of money vs. your piece of mind.

So - TAKE those photos, so when he turns around and tries to sue you, you can immediately show all those photos to the judge and the judge will immediately know that the landlord is trying to pull a fast one. Whatever you do - do not cause any damage on your way out. Just leave as quickly and quietly as possible, with immediate written notice - so that you'll be living somewhere else in February.

I have no idea whether your apartment is a legal one or not. You could easily check with your local town administrative office and ask them. Usually they have to be inspected every year or two and registered as rental units. If it's not, then that is a lot of leverage for you and you can get that security back (or you'll turn them into the town)!

I also know what it is like to be in your shoes. Many years ago, after college, I rented a room in a house with about 6 other people. It so happens that the 2 rooms in the basement that were being rented out where not legal by the town's code. So when the landlord tried to keep my security when I moved out, I told him very directly that if I didn't have my security back in 24 hours that I'd tell the town about the basement apartments. Yes - I got my security back that afternoon :-) And I kept my side of the bargain.

Happy holidays!

Jeff
1 vote Thank Flag Link Fri Dec 25, 2009
In Illinois, the laws protect the renter. In order for your landlord to evict you, he has to get a court order. If he doesnt, you can bring him to court. It also sounds like your landlord doesnt have what we consider a "legal" basement apartment. You could work this guy worse than he can work you. If you called the police and reported him, he would be in major trobule. Fines for an illegal apartment, fines for illegal eviction, etc. Personally I wouldnt do this. You dont need any big problems. Just let him know what you can do. Start looking for new places on craigslist, the southtown, and oodle.com. Good luck!

Matt Laricy
Americorp Real Estate
Brokers Associate, e-PRO
mlamericorp@aol.com
708-250-2696
0 votes Thank Flag Link Sun Dec 27, 2009
Great! I forgot to mention that Craigslist is a great place for you to find a new apartment. I strongly urge you to place your own FREE ad there also - so that prospective landlords can FIND YOU.

If you can honestly write-up something like "2 men, single working professionals, non-smokers and no pets, looking for 2 BR apartment, Excellent references, etc". If you can do that - then I guarantee that you WILL have landlords calling and emailing you - and FAST.

When the landlords ask why you are moving, I would be "reasonably honest with them". I wouldn't tell them anything danger signals like "talking to the town or the police". No landlord wants a potential problem. Just tell them that your landlord upstairs is very noisy, stomping around all the time, and that it really gets in the way of your sleep and you like things very quiet. Hopefully you guys are not party animals that love techno :-)
0 votes Thank Flag Link Fri Dec 25, 2009
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