How do I proceed with my many valid complaints, during an eviction, in a court of law. Do I need to file a counter suit or just prove my greviences to the judge at the eviction hearing.
I am in Illinois. Please help me follow the due process of law to gain justice in this matter.
If you really know tell me ... if you have an opinion that's OK too.
Yours truly;
Jonnie
2007-04-12 15:06:18 · 7 answers · asked by Jonnie 4 in Business & Finance ➔ Renting & Real Estate
Um...if you're not paying rent, why do you think it would be justice for you to stay? You don't have any right to a place that you're not paying rent for.
Secondly, if you're not happy with the place, why would you WANT to stay?
You might be able to make a case, but I don't understand why you would want to, and it certainly wouldn't be justice if you got to stay without paying rent.
By the way, how do you think the guy can afford to do repairs if you're not paying rent? Do you think money grows on trees?
2007-04-12 15:11:05 · answer #1 · answered by skip742 6 · 1⤊ 0⤋
What do you want to see happen? To just get out without trouble, you don't need to counter-sue. But, first things first. What did your rental agreement say you were renting and what were the terms? That's where you need to start. If your agreement is mute to your complaints, then you are in the position of proving that a reasonable person would expect things the way you do. Regardless of what you signed, the landlord needs to provide a "habitable" accomodation. After that you could be on thin ice, depending on what's going on with the property.
2007-04-20 13:56:28 · answer #2 · answered by Scott K 7 · 1⤊ 0⤋
It just so happens that I was in court in another state when a similar situation came up on the court roster. The judge listened to the couple but he felt their action were not appropriate. In other words it is not o.k. to withold rent because you have maintenance issues, but he did give them 30 days to resolve the matter before he would carry out the eviction.
So, based on that, I think you should pay the rent if it is not too late and follow the process for the maintenance issues. Is he violating any city or state codes. What does your lease say and what recourse do you have?
Good luck-don't be homeless!
2007-04-12 15:12:21 · answer #3 · answered by Jackie Oh! 7 · 1⤊ 0⤋
If he wants to rent you a dog house and charge a thousand dollars, he can. If you do not pay he can evict.
Most communities have a bunch of steps the landlord must go through to get rid of a non-paying tenant. So it could be a couple of months before you are gone.
2007-04-12 15:09:50 · answer #4 · answered by ignoramus 7 · 1⤊ 0⤋
There are laws that dictate what landlords can and cannot do. Here is the webaddress of an attorney who has posted the info online.
Many landlords don't even know that there are laws that spell out their rights and the tenants rights.
Good Luck
2007-04-19 08:53:34 · answer #5 · answered by Cindy 3 · 0⤊ 0⤋
Did you state your many grievances in writing, certified to your landlord? If not, they'll probably consider your countersuit nothing much more than you attempting to relieve your responsibility.
2007-04-12 15:15:26 · answer #6 · answered by ~Me~ 4 · 1⤊ 0⤋
I haven't a clue, but I wish you the best of luck in the case!
2007-04-12 15:09:25 · answer #7 · answered by ~*~Malarie~*~ 4 · 0⤊ 1⤋