Fishman sent her maintenance man to deliver a ten-day eviction notice to her door.
Yeah, that’s not legal. Hope the tenant finds a good lawyer.
Mun. Code Ch. 5-12-170: Under the 2020 revisions of the RLTO (“Fair Notice Ordinance”), Landlords must provide a tenant that is not in the eviction
process:
• 30 days of notice to terminate a month-to-month tenancy, decline to renew your lease or raise your rent if you have lived in
your apartment for less than six months.
• 60 days of notice for the same if you have lived in your apartment for more than six months but less than three years.
One of the high-points in my life was having a landlord show up with the local sheriffs to try and force an eviction that up until this point had only been verbal. I happily showed them the state’s tenant laws that said “30 days after written notice is provided” and had a lawyer friend on speed dial if they had any questions. Landlord got so belligerent that the sheriffs escorted them off instead.
Landlords can’t legally remove someone from a unit until they’ve filed in court and a judge orders the Cook County Sheriff’s Office to enforce the eviction.
Sounds like he’d have to go through a judge first too.
True, at the end of a ten day (or 30 day) notice, the landlord can go to court to force the tenant out. This process will take a while, but it will immediately blacklist the tenant and make it much harder for them to find a new rental.
So in practice, it’s often better to leave before the landlord goes to court.
The list is the municipal public record system and you enter it by setting foot in housing court. A lot of background checks will include that anywhere it is legal to do so.
I don’t think you become homeless but the options certainly decrease by a lot and the quality won’t be as good. Anti-discrimination laws are on the basis of, e.g., race, disability, or family status. Unless there are state laws against checking previous court cases, I don’t think there’s anything stopping that as a basis for refusing to lease a place.
Damn that’s brutal. Do they treat landlords the same way? If you get caught stealing security deposits, you weren’t allowed to rent to people anymore? I guess I wouldn’t mind if it went both ways…
Yeah, that’s not legal. Hope the tenant finds a good lawyer.
One of the high-points in my life was having a landlord show up with the local sheriffs to try and force an eviction that up until this point had only been verbal. I happily showed them the state’s tenant laws that said “30 days after written notice is provided” and had a lawyer friend on speed dial if they had any questions. Landlord got so belligerent that the sheriffs escorted them off instead.
Also a PSA: If you rent, know your rights.
Sounds like he’d have to go through a judge first too.
True, at the end of a ten day (or 30 day) notice, the landlord can go to court to force the tenant out. This process will take a while, but it will immediately blacklist the tenant and make it much harder for them to find a new rental.
So in practice, it’s often better to leave before the landlord goes to court.
I’ve got some rentals. What is this blacklist you are talking about?
The list is the municipal public record system and you enter it by setting foot in housing court. A lot of background checks will include that anywhere it is legal to do so.
So what happens when you are blacklisted? You become homeless? Aren’t there anti-discrimination housing laws?
I don’t think you become homeless but the options certainly decrease by a lot and the quality won’t be as good. Anti-discrimination laws are on the basis of, e.g., race, disability, or family status. Unless there are state laws against checking previous court cases, I don’t think there’s anything stopping that as a basis for refusing to lease a place.
Damn that’s brutal. Do they treat landlords the same way? If you get caught stealing security deposits, you weren’t allowed to rent to people anymore? I guess I wouldn’t mind if it went both ways…