Renting the Right Way - Table of Contents

Renting the Right Way - Table of Contents

Last updated: June 2007

Introduction
     Legal Help
     The Chicago Residential Landlord and Tenant Ordinance
     Section 8 Vouchers

Before You Rent: Frequently Asked Questions
After Your Tenant Moves In: Frequently Asked Questions
Evicting a Tenant: Frequently Asked Questions

Part 1: Before You Rent
     How to Pick a Good Tenant: What You Can Ask Applicants 
     What Information You Need to Know, How to Obtain It, and What to Do with It 
          Name
          Social Security Number
          Income 
          Employment History
          Credit History 
          Criminal History
          Rental History

Part 2: During the Lease
     You’ve Picked Your Tenant. Now What?
          First Things First – Decide and Discuss Your Expectations
          The Written Lease
               The Form Lease
               Notice of Contact Information
               Crime Free Lease Addendum
               Copy of RLTO Summary
          What You Can’t Include in the Lease
               Excessive Late Fees
               Lopsided Cancellation
               Attorney’s Fees
               No Subletting
               No Jury Trial
          Walk Though, Pictures and Check List 
          Security Deposit
     Making it Work Once the Tenant Moves In
          Follow the Lease
          Don’t Accept Late Rent Without Enforcing a Late Fee
          Don’t Enter the Unit Without Notice
          Active Property Management-Routine Maintenance
          You Have an Absolute Duty to Provide Essential Services
          What Your Tenant Can Do if Something Is Wrong
               Minor Problems-Repair and Deduct
               Major Problems-Withholding Rent
     What Happens at the End of the Lease
          If You Want Your Tenant to Stay
          If You Want Your Tenant to Leave
     What to Do When the Tenant Moves Out
          Walk Through/Pictures/Checklist
          Return the Security Deposit
     If You Just Bought or Sold the Rental Building

Part 3: The Eviction Process
     Forcible Entry & Detainer Actions (Evictions)
          What Can You Do to Avoid an Eviction?
          If You Still Want to Evict
          How Do You Evict a Tenant
          How Much Does It Cost?
     Step 1: The Notice
          What Kind of Notice Should I Use?
               5-Day Notice: Failure to Pay Rent-Written or Oral Lease
               You Must Accept Past Due Rent if Offered Within 5 Days
               What if Your Tenant Offers to Pay You Part of the Rent Due?
               10-Day Notice: Breach of Lease of Rental Agreement-Written or Oral Lease
               30-Day Notice: Terminate a Month-To-Month Oral Lease
               Is Notice Required if a Lease Expires?
               Rent Payments After Expired Lease
          How Do I Give the 5, 10, or 30-Day Notice to the Tenant?
     Step 2: The Lawsuit
          What, Where, & When Should I File?
          Prepare the Complaint and Summons
               The Complaint
               The Summons
          File Your Case
               How Much Does It Cost?
               What if I Can’t Afford the Filing Fee?
               File the Complaint
          Place Your Case with the Sheriff for Service
               What if I Don’t Know the Names of Some of the People Living in the Apartment?
               What if the Apartment Appears Abandoned?
               What if My Tenant Wants to Pay Up?
     Step 3. Go to Court
          Your First Court Date
               Checking in and Getting Your Line Number
               What if the Sheriff Did Not Serve the Tenant?
               Alias Summons
               Having the Sheriff Try to Serve the Tenant Again
               Having a Special Process Server Serve the Tenant
               Service by Posting
               Posting Fees
          The Hearing
               What if My Tenant Does Not Come to Court? 
          If Your Tenant Appears: Settlement, Mediation, Continuances, Jury Demands, and Proving Your Case 
               Settlement
               If You Can’t Settle
               Mediation
               What if the Tenant Wants a Continuance or Asks for a Jury?
               Proving Your Case
               What You Will Have to Prove
               What if My Tenant Shows Up with a Lawyer
     Step 4: The Order for Possession
     Step 5: The Eviction
               What if the Judge also Awarded Me Money? 
               Time Limit for Evictions
               What if the Tenant Moves Before the Eviction?

Helpful Organizations
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Prairie State Legal Services, Inc. - Kankakee Office
191 South Chicago Kankakee, IL 60901 | View map

Phone: 815-935-2750
TTY: 815-935-2764
Toll-free: 800-346-2864

Languages: English
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Prairie State Legal Services, Inc. provides free legal services in civil legal matters for low-income persons who have incomes below 125% of the federal poverty guidelines and senior citizens age 60 and older regardless of income.

Eligibility

Whether you are eligible for help from Prairie State Legal Services depends on the following factors:

  • You meet our income and asset guidelines, or are age 60 or older.
  • We have no ethical conflict of interest regarding your legal issue.
  • You live within the service area of Prairie State, or have a civil legal problem in one of the counties in our service area.
  • You meet the citizenship or immigration requirements established by Congress. It should be noted that immigrants who are fleeing domestic violence or trafficking are eligible for legal help regardless of immigration status in matters to address the abuse.
  • Government regulations do not prohibit Prairie State Legal Services from handling your type of legal problem.
  • You have one or more legal problems that can be addressed by PSLS attorneys and that fall within our established priorities.

Types of Legal Help

Due to high demand for our services, our staff is able to provide representation in certain areas of civil law designated as a priority. The following kinds of problems are illustrative of the cases that we may be able to help with (not an exclusive list):

High Priority Cases

  • Family Law: Protection from abuse or exploitation of domestic violence victims, elderly, children and persons w/disabilities; divorce and related relief for domestic violence victims.
  • Housing Law: Evictions and lock-outs; foreclosure defense; loss or denial of subsidized housing benefits; loss or denial of essential public utilities; substandard housing conditions cases that cannot be addressed by other agencies.
  • Health Care: Loss or denial of medical or nursing home care; loss or denial of medical benefits (Medicaid, Medicare).
  • Needs-based government assistance: Loss or denial of SSI, GA, TANF, VA, food stamps.
  • Other income benefits where alternative representation is unavailable: Loss or denial of unemployment insurance, Social Security Title II benefits.

Other Cases We May Handle

  • Family Law: Child support, custody, guardianship, visitation, parental rights, divorces for non-domestic violence victims.
  • Housing: Rent issues; security deposits; unit size; discrimination.
  • Education: admission, expulsion, special education & related services.
  • Health care and people with disabilities: powers of attorney and other health care documents; discrimination and reasonable accommodations.
  • Income or benefits: overpayments of government assistance; health insurance matters; employment issues.
  • Consumer Law: Bankruptcy or other debt relief; consumer fraud; protection of exempt income and assets; unfair debt collection practices; repossession; contract defenses.
     

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