marriage help: My apartment was recently broke into and my landlord has told - Help.com

Why has your landlord told you to move ? He can’t ask you to move just because your place was broken into. Do you have a signed lease agreement ?

If you do, he is unable to ask you to move out. Especially when you have no where to go.

Do a search on the net for the residential tenancy tribunal in your area and ask for some advice. It sounds like he’s breaking the law.

Because the Landlord doesnt like my wife. No I dont have a lease I pay month to month. I stay around 14th and Karlov in Chicago with no where to go and everywhere I look I can barely afford the rent. I searched the net and found nowhere affordable.

Even if you pay month to month, they HAVE to give you 30 days written notice or it’s an illegal lock-out/eviction. Which you have legal recourse against.

She gave me a verbal notice. I consulted a Lawyer about it they said it was as a written notice.

Do you mean that, your lawyer said, verbal notice is as good as written notice ?

yes

Fire your lawyer.

It must be written notice. Unless you live in some weird state/country. It must be mailed, preferably certified mail, and you MUST BE given 30 days.

Yeah, someone isn’t giving you the correct info. You can’t just kick someone out of their home without a valid reason, and having your home broken into is not a valid reason, nor is not liking your wife.

Are you in Chicago ?

As the landlord says and I have to do what she says as far as her building is concerned or move out. I have been told that numerous times and right now there is nothing I can do about it. Yes I am in Chicago

I’m providing a link here for you. This is a lawyer in your area who specialises in residential tenancy law. It is free to have your first consultation, and they will be able to give you advice on what to do next.

Do not give up.

http://www.depositlaw.com/chicago.htm

Do you have any familiy or friends that can help you out?

Remember - Good Tenants, Good Landlords, Great Neighborhoods! Know your rental rights and responsibilities. For more information on the Chicago Rents Right program or for a summary of the Residential Landlord and Tenant Ordinance, call the hotline at 312/742-7368 (RENT).

Contact your local Residential landlord/tenant committee. They’ll tell you the SAME thing, although they might not be able to give you legal advice, they can tell you your rights as outlined by local laws.

Based on “Chicago Residential Landlord Tenant Ordinance, 140″
http://www.depositlaw.com/140.htm

“Under RLTO 140, if a landlord just ATTEMPTS to enforce a provision prohibited by this section, the tenant is entitled to recover damages equal to two-months’ rent. This section is very serious”. (this is legal advice from a law office).

“Except as otherwise specifically provided by this chapter, b>NO RENTAL AGREEMENT /b> may provide that the landlord or tenant:

(a) Agrees to waive or forego rights, remedies or obligations provided under this chapter;

(d) Agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;

(e) Agrees to waive the right of any party to a trial by jury;

(g) Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;

Those three statutes STATE THAT YOUR RENTAL AGREEMENT MAY _NOT_ REQUIRE THAT YOU AGREE TO…

So if I am to assume that this legal advice is just than, by your landlord illegally giving you less than 30 days notice and attempting to illegally evict you, you have legal recourse to take them to court and sue them for court costs and damages equal to two months’ rent.

Times was right by the way, your land lord (in the state of Chicago) must give you 30 days notice.

http://www.tenant.org/evic.htm

Thanks I will call now and check out the website.

What does your landlord say you have to do?

Plus Under RLTO, 5-12-050 Landlord’s Right of Access, your landlord is required to give you AT A MINIMUM 2-days of notice prior to entering your rented space.

Can you tell I’ve been a landlord and a tenant? Most states have similar laws, if not the same, and there generally is someone you can contact within your city and state, a hotline and they can tell you—yes or no, under local laws if your landlord is doing something illegal.

lol, I just googled some of the residential tenancy laws on evictions for Chicago.

That landlord could be up for a big pay out if he continues to push the eviction.

Apparently there’s a few land lords in that area who have already been stung for the same thing.

It gets dealt with through the small claims court. So if all else fails, at least you should get the payout you need to find yourself another place.

In Australia. You can’t evict someone if they have no where else to go. It’s really strict here, but few end up homeless which is good. Some land lords are really mean.

Yep. Basically, look for another place to live, tell the landlord you know your legal rights and under Chicago Residential Landlord Tenant Ordinance, 140. She does not have the right to end your lease without 30 days WRITTEN notice, and that if she wishes to pursue it you will exercise your rights and see her in court for the maximum compensation under Ordinance 140. Which doesn’t help, as you will be evicted and have to go to court and file for a court date—but it might push her to DO THE LEGAL THING which is give you 30-days so you can find a place to live.