Sun-Times Mediator Ed Sacks: Sometimes You Just Need a Lawyer
Q. I complained about building conditions. The village inspector found numerous code violations and the landlord was cited to make repairs, which he refused to do.
In retaliation he change the locks, posted the house with a no trespass notice, and three weeks later he filed for eviction. Although I have a court order that shows the landlord gets no money, he refuses to return my security deposit. I never received any notices about eviction. When I found out about the eviction, I went to court and told the judge I had a right to be heard. The judge said the case was closed.
A. The court and inspections papers you provided show a complicated chronology of events. The first inspection, while it found numerous conditions that needed correction including roof leaks and a blocked exit, did not declare the house unlivable.
After a second inspection a month later, the landlord served you with a Five Day Notice for rent. Two days later, the landlord changed the locks and posted a no trespass warning claiming you had moved out and therefore no longer had a right to possession.
The eviction lawsuit was served at the house, but nobody lived there, so the sheriff posted the summons on the front door. An eviction hearing was held three weeks after that. Because you were not personally served, that court could only award possession of the house, but not money.
Whether the court was correct in refusing to reopen the case could be decided only by an appellate court. The time for an appeal has expired. The court did not prohibit the landlord from keeping the deposit, it only ruled because you were not personally served, it could not order you to pay any money to the landlord. The landlord has a right to the deposit for non-payment of rent.
The building conditions you describe might allow you to claim in a lawsuit reimbursement for over-paid rents and other damages. You will need to prove that the landlord knew about the conditions, failed to correct them in a reasonable time, that the conditions lowered the rental value of the house, and you explicitly informed him in writing you were reducing or holding back rent until corrections were completed. You will need a lawyer to pursue court action.







It sure seems he's better off without that apartment, even if he lost his security deposit. Who wants a landlord like that anyway?
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