Ban on Electronic Funds Transfers as Exclusive Method of Payment (765 ILCS 705/4)

The recent amendment to the Illinois Landlord and Tenant Act, section 765 ILCS 705/4, addresses the concern of tenants being required to use electronic funds transfers as the sole method of rent payment. This change is designed to address the potential issues and limitations that tenants might face under such a requirement.

  • Tenant Protection: The primary aim of this section is to safeguard tenants from financial difficulties that may arise if they do not have access to electronic payment methods, such as bank accounts or credit cards.
  • Alternative Payment Methods: Landlords must now offer multiple payment options, including cash, check, or money order, and cannot reject these forms of payment.
  • No Additional Fees: Landlords are prohibited from imposing extra fees or penalties on tenants who choose to use alternative payment methods.
  • Privacy Protection: This provision ensures that tenants maintain their privacy when selecting their preferred form of payment, as they are not obliged to provide sensitive financial information.
  • Electronic Transfers Still an Option: While landlords can continue to offer electronic funds transfers as a payment option, they can no longer mandate it as the only accepted method.
  • Promoting Financial Inclusion: This amendment promotes financial inclusivity and accessibility, catering to tenants of varying socioeconomic backgrounds and levels of technological access.
  • Complaint Process: Tenants who believe their landlord is violating this provision can file complaints with the appropriate authorities for investigation and potential penalties.
  • Creating a Fair System: Overall, this update to the Illinois Landlord and Tenant Act fosters a more equitable system by ensuring both landlords and tenants have access to a variety of payment options.

Landlords are reminded to stay current with any legal changes regarding payment methods to protect their tenants and avoid potential legal complications. This amendment is a significant stride toward establishing a balanced and inclusive landlord-tenant relationship in Illinois.
If you have questions, visit: www.avenlaw.com

Chicago RLTO (residential landlord-tenant ordinance)

The Chicago Residential Landlord and Tenant Ordinance (RLTO) delineates the legal framework governing the interactions between landlords and tenants within the city. It applies to the majority of residential properties, excluding those where the landlord resides within a building of six or fewer units. Importantly, rights under Illinois state law remain in effect for units not covered by the RLTO.

Key provisions outlined in the Chicago RLTO include, but are not limited to:

  • Tenants are empowered to request necessary repairs through written communication;
  • Landlords are obligated to furnish tenants with their complete contact information;
  • The imposition of late fees is subject to a cap of $10 for the initial $500 of rent, followed by a 5% fee on the subsequent amount;
  • The ordinance explicitly prohibits restrictions on subleasing, permitting tenants to sublease given that the prospective sublessee satisfies the standard tenant qualifications;
  • It upholds the tenant’s irrevocable right to opt for a jury trial in relevant disputes, a stipulation that cannot be negated by any lease agreement;
  • Notification requirements are stipulated for landlords intending to conclude or alter a month-to-month tenancy, non-renew a lease, or adjust rent levels, with the requisite notice period contingent upon the duration of the tenancy.

Additionally, Chicago landlords are mandated to provide tenants with a written overview of the RLTO, a resource readily accessible on the City of Chicago’s official website. Non-compliance with this requirement grants tenants the authority to unilaterally terminate their lease after issuing notice.

If you have questions or need assistance seek the help of a Real Estate Lawyer.

What to Do if You Have a Squatter in Your Home or Rental Home in Illinois?

Squatting is when someone unlawfully occupies and uses another person’s property without their permission. Unfortunately, this is a common issue faced by homeowners and landlords in the state of Illinois. As a legal matter, squatters have certain rights that may pose challenges for property owners and landlords. In this document, we will discuss what actions you can take if you have a squatter in your home or rental property.

Understanding Squatters’ Rights in Illinois

In the state of Illinois, squatters are considered to be tenants-at-will. This means that they do not have a written lease agreement with the property owner but are occupying the property with their consent. As such, squatters have certain rights under Illinois law, including the right to receive notice before they can be evicted. This notice period is typically 30 days for residential properties and 10 days for commercial properties.

What Can You Do if You Have a Squatter in Your Home?

If you discover that there is a squatter in your home, the first step is to try and peacefully resolve the situation. You can do this by talking to the squatter and politely asking them to leave. If they refuse or are uncooperative, you can then proceed with legal action.

File an Eviction Lawsuit

Under Illinois law, property owners have the right to file an eviction lawsuit against a squatter. This involves going to court and obtaining an eviction order, also known as a “forcible entry and detainer” (FED) order. Once the FED order is issued, a sheriff will serve it to the squatter, giving them a certain amount of time (typically 5 days) to leave the property.

Seek Assistance from Law Enforcement

In some cases, squatters may become hostile or refuse to leave even after receiving an eviction notice. This is when you can seek the help of law enforcement. In Illinois, it is a criminal offense for a squatter to remain on a property after being served with an eviction notice. You can report the situation to the local police and request that they remove the squatter from your property.

What Can You Do if You Have a Squatter in Your Rental Home?

If you are a landlord and have a squatter in your rental property, the steps to take may be slightly different. As mentioned earlier, squatters have certain rights under Illinois law, including receiving notice before they can be evicted. This means that you cannot simply remove the squatter without following proper legal procedures.

Review the Lease Agreement

As a landlord, your first step should be to review the lease agreement signed by your tenant. If the squatter is not listed as an authorized occupant on the lease, you have the right to evict them. However, if they are listed as an authorized occupant or subtenant, you may need to pursue legal action against your tenant.

Consult with a Real Estate Attorney

Dealing with squatters can be a complex and time-consuming process. It is recommended to seek assistance from a real estate attorney who is familiar with Illinois laws and eviction procedures. They can advise you on the best course of action for your specific situation and ensure that all legal requirements are met.

Conclusion

In conclusion, having a squatter in your home or rental property in Illinois can be frustrating and challenging. It is important to understand the squatters’ rights and follow proper legal procedures when dealing with this issue. Remember, seeking assistance from a real estate attorney can help you navigate the process smoothly and effectively. So, if you find yourself in this situation, don’t hesitate to seek professional help. It can make all the difference in successfully removing a squatter from your property. However, remember to always approach the situation calmly and peacefully before taking any legal action. This will not only ensure a smoother process but also avoid any potential conflicts or complications along the way. By being aware of your rights as a property owner and following proper procedures, you can effectively handle the issue of squatters in your home or rental property. So, don’t let a squatter take over your property – take action and protect your rights as a homeowner or landlord in Illinois.

Chicago Real Estate Attorney for Landlords

For Chicago landlords, having a reliable Chicago, Illinois real estate attorney is essential in understanding and navigating the complex legal landscape of Illinois rental law. An experienced real estate lawyer can provide comprehensive guidance and representation to help ensure that your interests are protected in any legal issue related to renting out properties.

A Chicago, Illinois real estate attorney can help landlords with a wide range of issues, such as:

– Drafting or reviewing leases and other rental documents.

– Negotiating tenant disputes and resolving conflicts.

– Representing you in court if needed.

– Advising on tenant rights and landlord obligations under state laws.

– Assisting with evictions, notices to vacate, and other legal forms.

A skilled Chicago, Illinois real estate attorney can help landlords protect their rights and interests by providing knowledgeable advice and representation in any situation involving a tenant or rental property. By working with an experienced lawyer familiar with the intricacies of Illinois rental law, landlords can ensure that their rights are respected and upheld.

For Chicago landlords, having a reliable Chicago, Illinois real estate attorney is the best way to ensure that you always have the information and support you need to make informed decisions and protect your interests in any legal situation related to rental properties. With an experienced lawyer on your side, you can be confident in knowing that you have a knowledgeable advocate who is prepared to safeguard your rights and interests.

When it comes to navigating the complex legal landscape of Illinois rental law, having a Chicago, Illinois real estate attorney you can rely on is essential. With an experienced lawyer by your side, you can rest assured that you always have the information and support you need to protect your rights as a landlord.

Importance of an Illinois Real Estate Attorney

When it comes to buying or selling a home in Illinois, having an experienced real estate attorney on your side is essential. Real estate attorneys are knowledgeable about the laws and regulations that govern Chicago and Illinois real estate transactions, so you can be confident that your property rights will be protected throughout the process. Real estate lawyers handle everything from reviewing purchase contracts and closing documents to ensuring that the title to your property is free and clear. They can also help you avoid potential legal problems, such as zoning restrictions or encumbrances on the property. With an experienced real estate attorney in Illinois by your side, you can be sure that your real estate transaction will go smoothly and without complications.

When looking for a real estate attorney in Illinois, be sure to find someone who is familiar with the local laws and regulations. An experienced real estate lawyer will understand the nuances of Chicago and Illinois law and can provide sound advice throughout your transaction. Real estate attorneys are also skilled negotiators, so they can help you get the best possible deal on your home or property. Working with an experienced real estate attorney in Illinois can save you time, money and stress during the buying or selling process.

If you’re about to embark on a real estate transaction in Illinois, make sure to hire an experienced real estate attorney as soon as possible. Your lawyer will help ensure that your rights are protected and that the entire process goes smoothly. With their knowledge of the law and negotiation skills, you can be sure that your real estate transaction will be successful.

Don’t take a chance with your real estate transaction in Illinois. Make sure to enlist the help of an experienced real estate attorney.

In summary, having an experienced real estate attorney in Illinois is essential for anyone buying or selling property in the state. Real estate attorneys understand local laws and regulations, as well as how to negotiate the best possible deal on your behalf. So don’t take chances with your real estate transaction – make sure you have qualified legal counsel on your side every step of the way!

2023 New Illinois Real Estate Laws

Illinois Real estate law is transforming with the introduction of six new laws taking effect on January 1, 2023, and two more in 2024.

SB 1495 modifies real estate licensing requirements on January 1, 2024, while AB 2503 requires updating terminology used in real estate contracts by December 31st of that same year.

SB 1005 clarifies the probate code while SB 1017 provides tenant protections against domestic violence to safeguard individuals as they navigate their legal rights within the industry.

AB 1410 mandates that homeowner’s associations (HOAs) permit their members to talk about their common interest development on social media as well as letting them rent out a portion of owner-occupied space. During emergency scenarios, HOAs may not pursue enforcement for violations if it would be potentially hazardous to repair the issue.

AB 1837 and AB 2170 both modify existing laws regarding eligible bidders for foreclosed properties, making it easier for tenants, owner-occupants, nonprofits, and governmental organizations to win a bid.

AB 2559 has outlined a reusable tenant screening report, which landlords can opt to use and must provide tenants with costless access if they do so.

AB 2745, states experience applicable to the real estate broker exam must have been obtained within the last five years.

AB 2960 stipulates that the disclosure requirements of a contract remain in effect, regardless if such requirements are altered after its initial agreement.

Illinois Renters Fear Eviction

ILLINOIS — After four extensions and numerous challenges in court, the federal moratorium protecting Illinois renters from eviction during the pandemic is set to expire in just a few days.

The moratorium, issued by the Centers for Disease Control and Prevention, officially ends July 31. The most recent extension was issued in June, and federal officials have indicated they have no plans to extend it again.

Click the link to read the rest of the article. https://patch.com/illinois/chicago/illinois-renters-fear-eviction-federal-moratorium-ends

Info on being an Airbnb host in Chicago

When deciding whether to become an Airbnb host, it’s important for you to understand the laws in your city. As a platform and marketplace we do not provide legal advice, but we want to provide some useful links that may help you better understand laws and regulations in Chicago, IL.

Read more by clicking the link below

https://www.airbnb.com/help/article/861/chicago-il