Legal Question in Landlord & Tenant Law in Illinois

I signed my lease in may 2010 I was on leave from work due to pregancy, and on short term disability since march 4th.My disability checks didn't cover my rent and they knew, rent was up to date until march my rent is $801 starting in may becouse i signed my lease late. april & may i paid $500 each month that leave a balance of $420 $20 for late fee for both months. I was told next time i come in i have to have the whole balance, june $801 payment and the $400. My friend took the money for me becouse it was my first day back at work and they told him that they could not take it becouse they already took me to court.I would like to know can they do that and it wasnt 30 days?


Asked on 7/13/10, 8:29 pm

1 Answer from Attorneys

This is somewhat confusing, but if you have a lease many of the terms are in the lease. And if this is in an apartment building with more than 3 units and none are owner-occupied, may be subject to the Chicago Residential Landlord & Tenant Ordinance under which you may have other remedies or rights. ON THE OTHER HAND, you don't say whether you ever received notice, or if you did what kind, because a rental notice is normally only 5 days, not 30. So yes it could be. But if you showed up w/ 100% of the back rent PLUS whatever other charges there may be for the late rent, they should accept it (they don't have to if the amount you bring in is less than is stated in the notice). So you need to talk directly to the landlord and ask them to check with their lawyer. And that may be part of the problem; now you've cost them attorney fees. You may be able to get this straightened out, but it may take a lawyer to help you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 7/18/10, 4:54 pm


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