Slumlord

[leviathan860]

What is the name of your state (only U.S. law)? Illinois

I rented an apartment from a slumlord. I stopped paying rent after the first month because of 4 major problems I had. If he had fixed the problems I would have paid. I've had several apartments with no problems and I have an excellent credit report. I'm not a bum. He gave me a 5 notice which demanded money for items other than rent, and rent, which seems to be illegal. He threatened that if I didn't pay the money on the 6th day he would forcibly remove me from the apartment, change the locks, and load ALL of my belongings into a truck and destroy or sell them and not use any of the money for past due rent. I looked it up in the lease and it does say all of this IF "rights of possession are terminated," which they would be, so I guess I was stupid for signing that. The other issue is I haven't recieved a copy of the lease signed by both parties. I signed two copies, neither had the landlord or any agent's signature on it. One I have, and one they have unless they lost it. They issued a summons for me and this is probably going to go to court.

[sandyclaus]

What is the name of your state (only U.S. law)? Illinois

I rented an apartment from a slumlord. I stopped paying rent after the first month because of 4 major problems I had. If he had fixed the problems I would have paid. I've had several apartments with no problems and I have an excellent credit report. I'm not a bum. He gave me a 5 notice which demanded money for items other than rent, and rent, which seems to be illegal. He threatened that if I didn't pay the money on the 6th day he would forcibly remove me from the apartment, change the locks, and load ALL of my belongings into a truck and destroy or sell them and not use any of the money for past due rent. I looked it up in the lease and it does say all of this IF "rights of possession are terminated," which they would be, so I guess I was stupid for signing that. The other issue is I haven't recieved a copy of the lease signed by both parties. I signed two copies, neither had the landlord or any agent's signature on it. One I have, and one they have unless they lost it. They issued a summons for me and this is probably going to go to court.

I have to say, if you've only been there a month and are already withholding rent, then you are in big trouble. Even when properly using this remedy, its available only once other options have been exhausted.

What specific repairs haven't been made? Did these exist when you moved into the rental? If so, why did you accept a rental with these problems?

The problem with rent withholding is that it is not an allowed practice to force the LL to make repairs in all jurisdictions. Not sure where in Illinois you live, but its certainly not recommended unless & until you first consult with an attorney to discuss your options.

In order to properly use rent withholding (if this a legal option for you), the LL must first be properly notified of repairs that need to be made and be given 14 days to comply. These repairs must be significant and potential must be there that the property would be unsafe or uninhabitable if they're not made. You could feasibly use a repair & deduct remedy, but again, the LL must have the opportunity to effect the repairs before you take this action.

By withholding rent and not giving the LL sufficient time or opportunity to repair first, you risk being evicted for non-payment of rent. Unfortunately, so soon after moving in, it looks more like you're trying to get out of paying rent due, and the LL will very likely win his case against you.

[leviathan860]

I have to say, if you've only been there a month and are already withholding rent, then you are in big trouble. Even when properly using this remedy, its available only once other options have been exhausted.

What specific repairs haven't been made? Did these exist when you moved into the rental? If so, why did you accept a rental with these problems?

The problem with rent withholding is that it is not an allowed practice to force the LL to make repairs in all jurisdictions. Not sure where in Illinois you live, but its certainly not recommended unless & until you first consult with an attorney to discuss your options.

In order to properly use rent withholding (if this a legal option for you), the LL must first be properly notified of repairs that need to be made and be given 14 days to comply. These repairs must be significant and potential must be there that the property would be unsafe or uninhabitable if they're not made. You could feasibly use a repair & deduct remedy, but again, the LL must have the opportunity to effect the repairs before you take this action.

By withholding rent and not giving the LL sufficient time or opportunity to repair first, you risk being evicted for non-payment of rent. Unfortunately, so soon after moving in, it looks more like you're trying to get out of paying rent due, and the LL will very likely win his case against you.

Really what I was more getting at with my questions were: Can he legally threaten to lock me out of my apartment and steal all of my stuff, even if it's in the lease.

Can he demand items other than rent in a 5 day notice. I looked up the law and it says a 5 day notice is for rent but it doesn't explicitly say you can or can't include other items in what I saw, but I'm sure there's some kind of precedent.

The third question is about the unsigned lease. Is a lease contract valid if I only have a copy signed by me? I've never gotten a copy of a lease signed by both parties.

Thanks for any help.

[JETX]

They issued a summons for me and this is probably going to go to court.

Thank you for your fascinating story. I laughed... I cried.... very emotional!!
So, why are you wasting time on the computer. You should be packing your 'stuff' and be prepared when you are evicted.

Oh, and you can say good-bye to your 'good credit' when that eviction hits.

Oh, FINALLY, you did ask some questions:

Can he legally threaten to lock me out of my apartment and steal all of my stuff, even if it's in the lease.

Yes. He can 'threaten' all he wants. Can he actually do it?? Yes, but you could then sue him.

Can he demand items other than rent in a 5 day notice. I looked up the law and it says a 5 day notice is for rent but it doesn't explicitly say you can or can't include other items in what I saw, but I'm sure there's some kind of precedent.

Again, yes. He can demand just about anything he wants. Can he legally force you to pay?? That depends on EXACTLY what he is demanding.... and whether the court will enforce it.

The third question is about the unsigned lease. Is a lease contract valid if I only have a copy signed by me?

Yes... it is legally enforceable AGAINST you. However, since the landlord didn't sign, you would have a harder time trying to enforce it against him (but it can be done).

[sandyclaus]

Can he legally threaten to lock me out of my apartment and steal all of my stuff, even if it's in the lease.

The LL can threaten anything he wants. However, the only way he will legally regain the right to possession of the rental unit is by you abandoning the property (unlikely from what I'm hearing), or through a court order, and that would be after a hearing before the judge.

If the LL enters the property, locks you out, and/or does anything with your personal property, he is looking at a lawsuit of his own against him. Most judges frown upon self-help eviction tactics like these. Plus you might even be able to bring criminal charges against LL for trespassing and destruction of property.

Can he demand items other than rent in a 5 day notice. I looked up the law and it says a 5 day notice is for rent but it doesn't explicitly say you can or can't include other items in what I saw, but I'm sure there's some kind of precedent.

Here's the law regarding what can and can't be in the notice:

The notice can only ask for the rent that is actually due at the point the notice is issued. The notice must give a definite amount of rent as due and owing. Weinberg v. Warren, 340 Ill. App. 365, 92 N.E.2d 217 (1st Dist. 1950).

Only rent can be included in the notice. Payne v. Coates Miller, Inc., 52 Ill. App. 3d 288, 367 N.E. 2d 406 (1st Dist. 1977).

So, yes, you are correct. The LL cannot include anything other than rent due in the notice. No late fees, penalties, deposits, etc.

The third question is about the unsigned lease. Is a lease contract valid if I only have a copy signed by me? I've never gotten a copy of a lease signed by both parties.

I'm sure that if you signed a copy and the LL has it, he can and will produce a copy that both have signed.

[leviathan860]

The LL can threaten anything he wants. However, the only way he will legally regain the right to possession of the rental unit is by you abandoning the property (unlikely from what I'm hearing), or through a court order, and that would be after a hearing before the judge.

If the LL enters the property, locks you out, and/or does anything with your personal property, he is looking at a lawsuit of his own against him. Most judges frown upon self-help eviction tactics like these. Plus you might even be able to bring criminal charges against LL for trespassing and destruction of property.



Here's the law regarding what can and can't be in the notice:

The notice can only ask for the rent that is actually due at the point the notice is issued. The notice must give a definite amount of rent as due and owing. Weinberg v. Warren, 340 Ill. App. 365, 92 N.E.2d 217 (1st Dist. 1950).

Only rent can be included in the notice. Payne v. Coates Miller, Inc., 52 Ill. App. 3d 288, 367 N.E. 2d 406 (1st Dist. 1977).

So, yes, you are correct. The LL cannot include anything other than rent due in the notice. No late fees, penalties, deposits, etc.



I'm sure that if you signed a copy and the LL has it, he can and will produce a copy that both have signed.

Ok, thanks for clarifying.

I get that a LL can threaten whatever, but what do you think a judge would conclude if I left because of #1 the original issues of not upkeeping the apartment to what is legally required, #2 the illegal demand of money other than rent in the 5 day notice, and #3 the threats of illegal lock-out and theft of my stuff if I didn't give them ALL the money? Keep in mind I have all the documents and other evidence of what has happened.

In my opinion I was justified in moving out because I had an obligation to mitigate my damages. These people had a proven record of breaking the law and there's no doubt in my mind that they would have followed through with these threats. Basically we'd either be in court for me moving out early or we'd be in court for illegal lock-out and theft.

As far as not having a signed contract, would anything they produce in court not be considered backdating? As far as I'm concerned the contract is not valid until both parties signatures are on it. There's no way they can prove when they contract commenced.

[Rexlan]

Ok, thanks for clarifying.

I get that a LL can threaten whatever, but what do you think a judge would conclude if I left because of #1 the original issues of not upkeeping the apartment to what is legally required, #2 the illegal demand of money other than rent in the 5 day notice, and #3 the threats of illegal lock-out and theft of my stuff if I didn't give them ALL the money? Keep in mind I have all the documents and other evidence of what has happened.

In my opinion I was justified in moving out because I had an obligation to mitigate my damages. These people had a proven record of breaking the law and there's no doubt in my mind that they would have followed through with these threats. Basically we'd either be in court for me moving out early or we'd be in court for illegal lock-out and theft.

As far as not having a signed contract, would anything they produce in court not be considered backdating? As far as I'm concerned the contract is not valid until both parties signatures are on it. There's no way they can prove when they contract commenced.

Why don't you make an investment , buy a building and then you can be the "slumlord"?

It is unfortunate we can't hardly select tenants anymore and most unfortunate that folks like you have the ability to tie up our property while good tenants wait for housing.

[Ellerge]

Sell your flat screen TVs and pay your Landlord.

[leviathan860]

Why don't you make an investment , buy a building and then you can be the "slumlord"?

It is unfortunate we can't hardly select tenants anymore and most unfortunate that folks like you have the ability to tie up our property while good tenants wait for housing.

What are you talking about? So I should have to put up with a landlord who cuts corners and ignores building safety standards and just pay up my hard earned money so he can be a fat cat? You must a slumlord yourself. Well I hope you know that some business people are honest and willing to follow the law and that not everyone is a cheap SOB like you. You're scum.

[Hot Topic]

Interesting that you haven't given specifics on why you feel you were justified in moving out. What were the four issues that the landlord didn't address? Did you send him a certified letter, return receipt requested or just call him?

[divona2000]

Some of OP's more recents posts...

[url]http://forum.freeadvice.com/small-claims-courts-24/landlord-invalid-notice-498734.html#post2451852[/url]

[leviathan860]

Interesting that you haven't given specifics on why you feel you were justified in moving out. What were the four issues that the landlord didn't address? Did you send him a certified letter, return receipt requested or just call him?

I'm not convinced that you're not some scum bag with nothing better to do than sit back and judge other people's lives in between American Idol episodes. Statistically speaking you're probably just some anti-social loser with anger problems who likes to put other people down on here so you can feel a little better about you're own crummy life.

What my question is is what would happen if I took my landlord to court for issuing me an invalid 5 day notice. The notice is invalid because he asked for money beyond the past due rent. He also stated in the lease he would steal all of my belongings and sell or destroy them and forcibly remove me from the apt and lock me out if I didn't pay the full amount by the 5th day. As far as I knew he couldn't do that with an eviction hearing. This caused a great amount of emotional distress to me to fear losing my home and all my belongings without due process and based on an invalid notice. I have no doubt in my mind that he would have done this, with or without an eviction hearing because if he was willing to break the law in other ways he'd be willing to on this.

The problems with the apt were listed on the move-in inspection report that I did with the maintenance man and still have a copy of.

[cyjeff]

I'm not convinced that you're not some scum bag with nothing better to do than sit back and judge other people's lives in between American Idol episodes. Statistically speaking you're probably just some anti-social loser with anger problems who likes to put other people down on here so you can feel a little better about you're own crummy life.

What my question is is what would happen if I took my landlord to court for issuing me an invalid 5 day notice. The notice is invalid because he asked for money beyond the past due rent. He also stated in the lease he would steal all of my belongings and sell or destroy them and forcibly remove me from the apt and lock me out if I didn't pay the full amount by the 5th day. As far as I knew he couldn't do that with an eviction hearing. This caused a great amount of emotional distress to me to fear losing my home and all my belongings without due process and based on an invalid notice. I have no doubt in my mind that he would have done this, with or without an eviction hearing because if he was willing to break the law in other ways he'd be willing to on this.

The problems with the apt were listed on the move-in inspection report that I did with the maintenance man and still have a copy of.

And, just that easily, you get to pay for your advice from a legal professional.

good luck with your case. Bye now.