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Real Estate

Landlord-Tenant Disputes and Evictions

Can You Evict Someone if There is No Lease? | Illinois Landlord-Tenant Law

Can You Evict Someone if There is No Lease? | Illinois Landlord-Tenant Law

In this article we will Illinois explain evictions when there is no lease.  We will answer the question, “what is a lease?”  We will explain the Illinois eviction process as well as evicting without a lease.  

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Commercial Tenants' Rights to an Audit of Common Area Maintenance Charges

Commercial Tenants' Rights to an Audit of Common Area Maintenance Charges

In many commercial leases, tenants are required to pay a share of taxes, utilities, and common area maintenance charges ("CAM").  The tenant's share will typically be proportional to the amount of space leased by the tenant relative to the total rentable space of the building.  This "additional rent" will fluctuate from year to year.  It is not uncommon for landlords to overcharge their tenants for CAM.   This is referred to as Common Area Maintenance Fraud.

‍If the tenant believes this is occurring, their best option is to audit the Landlord's expenses to ensure that all of the CAM paid by tenants is going toward actual expenses and that those expenses are for vendors and market value, rather than inflated prices.  

However, unless the lease provides a right to an audit, the landlord is not required to allow one.  In this case, the best option for the tenant is to rely on the implied covenant of good faith and fair dealing in the lease, or the fiduciary duty of the landlord (in the case where the Tenant prepays CAM before expenses are calculated) to obtain an accounting for expenses.  However, in the absence of a right to audit in the lease, the landlord may provide evidence of its expenses by any reasonable manner that it selects.  This means that the landlord can provide a simple list of its expenses, and the tenant will not be permitted to investigate further.  

Therefore, in order to protect yourself against common area maintenance fraud, it is important that your commercial lease include a right to audit the landlord's records.  ​

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How To Evict A Tenant In Illinois | The Illinois Eviction Process Explained

How To Evict A Tenant In Illinois | The Illinois Eviction Process Explained

If you are renting property and would like to evict one of your tenants for non-payment of rent or for any other reason, you and your lawyer will be required to follow these steps:

  • Prepare a notice of eviction:  The first step is to prepare the proper notice of eviction.  There are three types of notice:
  1. 5 day notice:  A 5 day notice is used when the reason for eviction is failure to pay rent.  In the case of a 5 day notice, the tenant has 5 days after receiving the notice to pay their past due rent before the landlord can begin eviction proceedings.
  2. 10 day notice: A 10 day notice is used when the reason for eviction is violation of terms of the lease other than non-payment of rent.  The tenant usually does not have the opportunity to cure the violation, but has 10 days to vacate the property before the landlord may begin eviction proceedings.
  3. 30 day noticeA 30 day notice is used when the landlord wants to terminate a month-to-month lease for a reason other than violation of the lease or non-payment of rent.  A landlord may terminate such lease for any reason or no reason at all.
  •  Serve the notice of eviction upon the tenant:  
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Illinois Tenant Rights and Laws Explained

Illinois Tenant Rights and Laws Explained

Most apartment tenants have a horror story or two: busted pipes, leaks, mold, infestation, horrible neighbors, etc.–and many of these apartment tenants probably did nothing about these horror stories, believing that their only remedy was moving out.  Historically this was the case, but today tenants have a variety of rights to ensure that they live in peace and comfort.Implied in every lease is an implied warranty of habitability, which requires that the apartment be maintained in a livable condition by the landlord.  Working pipes, plumbing, heat, removal of insects and rodents, and keeping the premises within the housing code are the some of the basic requirements of this warranty.

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