Reda | Ciprian | Magnone, LLC serves the public and other
Illinois
attorneys by providing timely, accessible information about Illinois
law, specifically, estate planning, probate, entity formation,
corporate, landlord-tenant, real estate & other areas of the
law. Our firm has assisted clients as far away as France and India in
their Illinois legal matters.
MAJOR AMENDMENT TO CRLTO SECTION ON SECURITY DEPOSITS
The
City Council has amended the CRLTO section 5-12-080.
See the amended ordinance. This provision will go into effect August 28, 2010.
VISIT OUR NEW TWITTER FEED!We
have established a presence on Twitter. You can follow us there
for tips and news on many areas of Illinois law. Check it out
here.
NEW 2010 SECURITY DEPOSIT
RATES
The
security deposit interest rates for the State of Illinois and City of
Chicago for 2010 have been released. Click here for the
new
rates.
EVICTION NOTICE DRAFTING SERVICE
For our new page on drafting eviction notices,
Click here.
COOK COUNTY SHERIFF
OVERWHELMED DURING WINTER
In order to reduce a backlog of
service of process and eviction requests in the forcible entry and
detainer division, the Sheriff of Cook County has instituted a number
of new policies and procedures to streamline the system and get long
wait times back on track. When enforcing an
Order for Possession, the Sheriff will no longer actually move the
tenant's possessions (instead leaving this task to the
landlord). In
accord with that decision, the Sheriff has reduced the fee to place a
possession order fnrom $250 to $60. Further, Illinois
Public
Act 096-0060, effective July 23, 2009, amended the forcible
entry and
detainer statute to extend the enforcement time of an order for
posseession from 90 days to 120 days because so many eviction orders
were going stale, as the Sheriff could not evict the tenants on time.
ANNOUNCING
SECURITYDEPOSITRECOVERY.COM!
We are pleased to announce that our sister site
securitydepositrecovery.com
is now up and running. We created
a more targeted site to help both landlords and tenants understand
their rights and duties under the CRLTO. Please feel free to
take a look!
REAL ESTATE CASE:
ATTORNEY APPROVAL
The Second District of the Illinois Appellate Court clarified Illinois
law relating to attorney approval clauses in residential real estate
transactions. In the case PATEL v. MCGRATH (
2-06-0472)
the
court ruled that unless an attorney specifically proposes a
modification (rather than a suggestion for better or different terms),
that proposal is not a counter-offer (as was thought to be the case
based on prior rulings) but instead, the then "current" contract
remains in full force and effect. The new Multi-Board Real
Estate Contract 5.0 has adopted an attorney modification paragraph in
conformity with this case.
LANDLORD TENANT CASE:
ATTORNEY'S FEES IN CHICAGO EVICTIONS
The Second District of the Illinois Appellate Court in the case
VG
Marina Management Corp. v. Wiener (2-05-0610) affirmed a
landlord's
right to obtain a judment for attorneys fees pursuant to the Chicago
Residential Landlord Tenant Ordinance. The case came up a
second time on remand from the Illinois Supreme Court and the court
decided that the landlord was not entitled to attorney's fees because
the landlord did not plead in any portion of the CRLTO. Stay tuned, as
we may be seeing more on this case in the future.
RESIDENTIAL TENANT'S
RIGHT TO REPAIR AND DEDUCT ACT
On January 1, 2005, a law went into effect allowing certain
tenants, in certain situations to make repairs to a rental unit and
deduct the cost of repairs from monthly rent.
Click
here to see the law.
WEBSITE RECOGNITION
This site was recognized as a main source for Landlord Tenant Law on
the Internet in "
Landlords'
Rights & Duties in Illinois", a
self-help law book by Mark Warda and Diana Brodman Summers.
This
site
was recognized in the Red Street Consulting list of the top
100 "solo & small law firm" websites.