Should I Get a Lawyer for my Eviction
Автор: Tommy Titan
Загружено: 2017-04-27
Просмотров: 2646
Описание:
The laws about eviction are very friendly towards landlords. Because of this, a lawyer may not be able to help you in your situation. If you have a defense for your eviction, a lawyer may be able to help you. Some eviction defenses are:
You do not owe the amount of money your landlord claims you owe;
You paid all the rent money within the required time;
Your eviction notice does not contain the required information;
You were not given the notice to terminate your tenancy in the right (legal) way;
You tried to pay the amount listed in the 5 Day Notice within the time allowed, but your landlord refused the money;
You did not violate the terms of your lease. For example, your landlord may be trying to evict you because they claim you had a loud party, but you were not at home on that date and no one was in your apartment;
Your landlord is not properly maintaining the apartment, and you believe you paid the landlord more money for rent than the apartment is worth;
You informed the landlord, in writing, of work needed at the apartment. If the landlord did not do the work, you followed the legal requirements to have the work done by a licensed contractor and deducted the costs of the repairs from your usual rent;
Your landlord is illegally discriminating against you;
Your landlord is evicting you because you reported a problem in the building to a public official (like the city's building department); or
Your landlord reaffirmed the lease by their actions. The most common way a landlord reaffirms the lease is by taking rent from you after the termination period has ended. This can even happen during the eviction case.
If you have a defense, you can ask for a trial date to be set to prove your case. Even if you do not have a defense, you can ask for a trial date to obtain more time to find a new place to live, but understand that if you have not moved out by the time of your trial date, and you do not have a defense, you will still be evicted.
Your landlord can legally evict you if you:
fail to pay the rent when it is due;
violate any of the terms and conditions of the lease agreement;
damage the property;
do not leave the property after the lease comes to an end; or
do not have a written lease, but pay rent monthly, and your landlord gives you a 30 day notice to move.
Your landlord cannot evict you for:
complaining about the unit or building that a building inspector determines is valid;
not paying rent, if you left the property for a period of time because of domestic violence or the threat of domestic violence and complied with the notice requirements under Illinois law; or
race, color, ethnicity, sex, disability, religion, discharge from the military, military status, age, marital status, sexual orientation, or rent assistance (like Section 8).
paying the rent that is due and your landlord accepts it
If you do not need or cannot afford a lawyer, go to Illinois Legal Aid Online (https://www.illinoislegalaid.org/get-...) and follow the questions it asks you. The site will then direct you to places or information that may be able to help you.
You can also visit the Law Library on the sixth floor of the McLean County Law and Justice Center in Bloomington, IL. There are people who work in the library who can direct you to resources to help you.
There are also online resources that can help you draft court documents. For example, if you are trying to extend the time you are allowed in your rental unit before your eviction, you can go through an online interview which will draft the document for you. Go to this link https://lawhelpinteractive.org/Interv...
If your eviction court date takes place in Bloomington, IL, on a Thursday, you can speak to an attorney from Prairie State Legal Services for free. To use this resource, you will need to meet several requirements and fill out their application. Go to their website for more information about their requirements, or ask the attorney the day you appear. The attorney is located in the meeting room that leads to the waiting room you check in at on the third floor, and they only offer this eviction service on Thursdays. This service is first come first serve, and the attorney will look at your lease and your eviction notice and help you determine if you have a defense for your eviction. I would recommend coming early to court if you want to speak with the Prairie State Legal Services attorney.
http://pslegal.org/default.asp
https://www.illinoislegalaid.org/get-...
https://www.illinoislegalaid.org/lega...
https://lawhelpinteractive.org/Interv...
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