Transcript 9-28-10-PLP- Landlord tenant Workshop 1

“Ensuring Equal Access to Justice Since 1886”
Staff of 20 (10 Attorneys)
• Advice and referral, safety planning (DV)
• Legal representation
• “Know Your Rights” workshops
• Track and work for systematic reform
Elder Law
Domestic
Violence
Poverty Law
Consumer, Housing,
Financial Exploitation
Eligibility for Legal Aid
125% of Poverty level
Household size
Yearly income
One
$13,000
Two
$17,500
Three
$22,000
Four
$26,500
Eight
44,500
For each additional person add $4500
Monthly
$1083
$1,458
$1,833
$2,208
$3,708
Call: (708) 974-5133
Metropolitan Tenants
Organization
Tenants Helping
Tenants to Improve
Their Lives
- Since 1981 -
Health or Building
Violation?
No matter how bad the conditions, the tenant must
always pay at least a portion of the rent.
**FAILURE TO PAY RENT WILL RESULT
IN AN EVICTION**
Maintaining Your
Apartment
The Landlord is Responsible for:
 maintaining the building by the standards set forth in the
applicable building code
 normal wear and tear
 repairs or upgrades promised in the lease
 must be written in the lease!
What if… the landlord fails to
make repairs?
-Repair and Deduct
a.
b.
c.
d.
e.
Write letter and keep copy (send to
landlord or manager)
Wait 14 days after receipt by landlord.
Hire professional repairperson or
purchase components
Pay remainder of rent after deducting
costs and give landlord copy of receipts
and keep the original.
Keep copy of all receipts.
What if… the landlord fails to
make repairs?
-Rent Reduction
a. Write letter and keep copy
b. Wait 14 days after receipt
c. Reduced rent should reflect reduced
value of unit.
d. Always pay some rent
(If too much money is taken off the rent it could result in an
eviction. In general, keep deduction less than 25% of rent).
What if… the landlord fails
to make repairs?
-Terminate Tenancy
a. Write letter and keep copy
b. Wait 14 days after receipt
c. Follow up letter Terminating the Lease
d. Move on date you specify
*the lack of repair must make unit not reasonably fit
and habitable (i.e. major problems (rats, flooding, etc or
lots and lots of little problems
More Options…
 call MTO Hotline 773-292-4988
 organize
 Call for legal assistance:
Legal Aid Bureau
(708)974-5133
Tenant Options – Write a
Letter
1.Tenants can purchase a space heater and deduct its
cost from the rent.
Stoves should not be used as a source of heat!
2. If landlord has not paid the bill, the tenant can pay the
bill and deduct it from the rent.
3. The tenant can reduce the rent by writing the landlord
a 24-hour letter to demand the situation be remedied. The
law requires they keep a copy of the letter!
Leases & Other Rental
Agreements
Oral Leases and/or Month-to-Month Agreements
1. Oral agreements are considered month-to-month.
2. The landlord can change rental conditions by giving the
tenant a written 30-day notice.
Month to Month Agreements
4. Tenant must give 30 day notice to terminate tenancy *
*30 day notice must coincide with rental period.
(i.e.. If tenant pays rent on the first of the month, notice
must be given 30 days prior to 1st. The landlord cannot
terminate the rental agreement in the middle of a rental
period.)
Written Leases
typically 1 year in
duration
1. Both parties bound for period of lease.
2. Terms of the lease govern unless modified in writing.
3. Most clauses are enforceable, but generally notice is still
required to evict.
Can Tenants Terminate a Lease
if Landlord Does Not Make
Repairs?
YES, if the repair problem makes the unit
not reasonably fit and habitable.
Step 1: Write letter and keep copy
Step 2: Wait 14 days after receipt
Step 3: If the landlord does not make the repairs, follow up
letter terminating lease.
The tenant must vacate the unit upon termination date
Healthy Homes
You have a right to a safe and healthy home.
You do not have to live with:
Mold
Insects
Rodents
Mites
Deteriorated paint
Lead
dust
Landlord Tenant (Eviction) Cases
Pre-suit Notice Requirements
• Notice Must be served to evict.
• How must notice be served?
• Types of notice:
–
–
–
–
Five-day
Ten day
Thirty day
Seven Day
The Lawsuit
1.Complaint
2.Service of Process
a.Personal Service
b.Service by Special order
c.Service by Posting of
Notice/Mailing
d.Motions to Quash
What to Do in Response to
a Complaint/Summons
a.
b.
Fee Waivers
Need to file appearance/Right to request
a Jury Trial
- Venue- Court where action is heard
Motion to Transfer at time case
is first heard/appearance filed
c. Attending court
d. Requesting time to
get an attorney
e. Right to Trial
Eviction Case:
Primary Issues
Possession
 Defenses to possession:
 Notice not served
 Notice does not Comply with Act/Law
 Payment made in full amount requested in notice
 Tenant cured lease violation within 10 days
 Tenant paid rent that was accepted after 30-day
notice
 Rent is not due because of defense of “breach of
warranty of habitability” or other lease term
violation
Amount Due for rent
Defenses:
• Withholding rent
• Tendered payment of amount in notice,
but landlord refused payment
• Filing case before notice period ended
• Acceptance of Rent after claimed
violations
Defenses (Continued)
• Building Code Violations reduce value
of rent for premises
• Rent demanded is equal to
amount client withheld
• Lease violations Defense
– No breach of lease terms
– The violation was not
material
Security Deposits
• Security deposits are not rent
• Not usually an issue the court will
address in an eviction case.
• Return of Security Deposit (applies to
buildings of five units or more).
• Interest on Security Deposits (applies to
Buildings of 25 or more).
Security Deposit
Tenant
The
cannot use the deposit as last month’s rent.
landlord cannot charge for normal wear and tear.
The
landlord has 45 days to return the deposit and
must pay interest every year.
If
there are problems with the return of the deposit
call MTO Hotline: 773-292-49888 or Legal Aid Bureau
JUDGMENTS
A. Service determines the outcome:
A. Order for possession Only
B. Order for possession with money
judgment
JUDGMENTS
B. Order for Possession
1. Stays
2. Procedure
3. Timing
JUDGMENTS
• Defending against an Order of Possession
1. Emergency Motion to extend date of
enforcement
2. Motions Filed after Order/before Eviction
3. Motion to Vacate within 30 days
4. Relief From Judgment after 30 Days
5. Money Judgment -vacated after eviction
Judgments – The Final Word
A. Order are not final until 30 days after
the date the Judgment is entered.
B. Motions
C. Appeals
How long does an Eviction
take?
The process takes a
minimum of 40 days once
the eviction notice is
served to the tenant.

Unless you want to lose, never go to court
without at least consulting an attorney.

Call the MTO or Legal Aid Bureau if you are
sued.
Lockouts
LOCKOUTS ARE ILLEGAL!
What is a lockout?
1. Change or plug locks
2. Remove doors, windows
3. Utility shutoff
4. Removal of property.
So what if I get Locked Out?
Call the police!
Only the sheriff can remove a
tenant and his or her belongings
from their unit.
Retaliation
The landlord cannot evict a tenant for calling the
building or health departments or calling a
community organization to request help.
Other signs of retaliation:
1. Increase in rent
2. Reduced services
In the case of retaliation, call the MTO hotline
(773) 292-4988 or the Legal Aid Bureau at
(708)974-5133
What If
the Landlord Sells the
Building?
The
lease is still valid.
The
new landlord must abide by the terms
and conditions of the lease.
The
new landlord is responsible for the
return of the security deposit.
Tenant’s Right to Privacy
Landlords
have right to enter tenant’s unit.
Landlords
must provide tenants with reasonable notice
(except emergencies)
Entry
must be at a reasonable time.
Tenants
can ask to be present and refuse with good
cause.
Landlords
are allowed to have keys.
“The arc of history is long
…but it bends towards justice.”
- Martin Luther King, Jr
Dennis Trainor,
Staff Attorney, Poverty Law Project
Intake: 708/974-5133
[email protected]
Thank you!
773-292-4988
Open Monday – Friday, 1-5pm
LEGAL AID BUREAU - 708-974-5133