...Warranties, Notices & Property Appraisals
Real estate property condemnation, or seizure of property for public use, is a complex legal matter encompassing various legal categories. From real estate to contract law, down to environmental and constitutional matters, condemnation practice requires multidiscipline legal knowledge and a clear understanding of governmental procedures. STEVEN IVY P.C., possessing an in-depth understanding of the applicable laws and regulations, is perfectly suited to help clients with even the most complex condemnation-related issues. The firm counsels clients on both sides of the issue. We assist governmental entities and utility companies to acquire the necessary land for public use, and represent landowners seeking just compensation for their seized property.
STEVEN IVY P.C. possesses an in-depth understanding of eviction procedures and all the applicable laws. We work closely with both landlords and tenants alike. We assist landlords with implementation of proper eviction procedures, and guide them through litigation proceedings initiated to challenge their actions.
The hallmark of our practice is personal service. We work closely with our clients to ensure that their interests are properly protected. STEVEN IVY P.C. is servicing clients in several Illinois counties, including: Cook County, Lake County, DuPage County, Kane County, DeKalb County, Will County, McHenry County and Kendall County. Our clients can meet with us in eight Illinois locations, including: Chicago, Lisle, Northbrook, Oak Brook, Rosemont, Saint Charles, Schaumburg, and Warrenville.
Illinois Eviction Process
The Illinois Attorney General summarizes the eviction process by pointing out that a landlord must file a lawsuit in order to evict you (the tenant) from the occupied premises. In addition, the landlord is required to adhere to the following requirements:
1) Notice - The landlord must give you a written notice stating the reason for the eviction. Generally, after the notice is served, the tenant has anywhere from 5 to 60 days before the landlord may file a lawsuit to evict you. A 60-day notice is required in cases involving the termination of a year to year tenancy. The notice may be given at any time within 4 months preceding the last 60 days of the year. A 30-day notice is required if there is no written lease or your lease period is for one month or less. However, if the reason is violating a provision in the lease, your landlord must give you a 10-day notice. If the reason for the eviction is nonpayment, your landlord must give you 5 days to pay the rent.
2) Summons - The Illinois Forcible Entry and Detainer Act requires your landlord to serve you a summons and complaint. The summons will require you to appear in court. Once in court, you have the right to: legal representation, jury trial, present evidence and call your own witnesses.
3) Removal of Tenant - The tenant can be removed from the premises only by the Sheriff's office. Moreover, your landlord cannot make you move by turning off your utilities. Also, your landlord may not evict you by locking you out, changing the locks or by removing your personal property.
4) Court's Decision - The judge will make a decision. If you lose your case, the judge will order you to vacate the rental unit. However, the judge normally will give you some time to move. You have the right to appeal the decision, but this must be done within 30 days after the trial.
Tenant's Defenses Against Eviction
There are a number of defenses a tenant can use to delay or stop an eviction. These include:
1) Waiver of Notice – The landlord, by his, her, or its own action, voids the written notice or lawsuit given to the tenant. For example, after the notice is given, the landlord tells the tenant that the tenant can pay the rent late. The action need not be oral. For example, if the landlord accepts rent after the eviction process has begun, then the landlord may have inadvertently halted the eviction process and reaccepted the tenant.
2) Warranty of habitability – The landlord has the duty to make sure that the property rented out is livable. If the rented unit is infested with rodents, has mold, cracks in the wall, etc., then the tenant can delay the eviction or have a portion of nonpaid rent deducted.
3) Quiet Enjoyment – The landlord cannot, by action or inaction, prevent the tenant from fully using the property. This includes the landlord trespassing into the rented space or the landlord failing to take precautions against criminal activity if the landlord has knowledge that such activity is taking place around the property.
4) Discrimination – The landlord cannot evict tenants based on certain traits, such as race, gender, religion, color, national origin, or family status. The last category refers to having or in the process of having children.
5) Retaliation – The landlord cannot evict a tenant in order to punish a tenant for taking legal action against the tenant. This includes demanding repairs, calling building inspectors, or suing the landlord for another matter.
6) Laches – This legal term means that the landlord cannot bring a claim if the landlord delayed in bringing the claim for a significant period of time. In Illinois, laches can be used as a defense if delayed action by one party causes prejudice to the other party. For example, the landlord cannot seek the eviction of the tenant for rent unpaid a year ago.
Appraisals of Condemned Property
Appraisals of condemned real estate property are performed by specialized appraisers, possessing the proper training and understanding of the applicable rules and regulations. The appraisal process may follow federal guidelines (such as the Uniform Appraisal Standards for Federal Lands Acquisition), or specifically defined state regulations. At the end of this process, the owner of the property is offered a payment for his/her property (award), which may be accepted, or declined. STEVEN IVY P.C. represents owners of condemned properties dissatisfied with the awarded payment. We help owners appeal for greater compensation and guide them through the entire process.
Evicted Tenant's Personal Property
All tenants must be notified of the impending eviction. This notification must give tenants enough time to remove their belongings from the premises. However, if for whatever reason the tenant is unable to remove his personal property, it is important to know the following:
1) Landlord cannot throw the tenant's belongings out on the street, although the Sheriff's office (enforcing a valid court order) can remove the tenant by force.
2) Landlord is responsible for the evicted tenant 's property that has not been abandoned. Therefore, the landlord may store the property elsewhere in the building, and make it available for pick up by the tenant. The landlord may not destroy the property nor can the landlord give away the property. If the landlord does so, the tenant can bring a claim for trespass to chattel or conversion.