I just fielded a phonecall from someone who found me on the web wondering "is it okay to take the hinges off of my tenant's door so that they just leave"? Apparently, the caller had already served the tenant with a five day notice and was now ready to engage in self help.
After I gathered my senses at such a question, I quickly remembered that this is exactly the reason why the landlord tenant laws have been slanted so far in favor of tenants. Just to be clear, because it seems to not be obvious to some landlords, there are only two people who can return a rental property to the landlord: (1) the tenant... voluntarily and (2) the sheriff after the landlord has obtained an order for possession from a judge. Other than those two scenarios, changing the locks, removing the door, cutting the electricity, moving someone else in, and any other nonsense that the landlord can think up is a wrongful eviction.
Landlords need to treat their rental business like what it is: a business. That means learning the rules and understanding how to move within the system. That means having a lease that complies with the CRLTO or other applicable laws (depending upon the location of the property).
Evictions cost lots of time and money. Lawsuits from tenants cost money. In these tougher economic times, landlord's can't afford to not do it by the book. They also need to build into their business plan the potential cost of an eviction and the cost of being in compliance with the law.
The Illinois forcible entry and detainer act provides that a tenant who is wrongfully or constructively evicted is entitled to an abatement of rent for the eviction period and also entitled to compensatory damages for any losses that were a result of the wrongful act. It is worse in Chicago. Under 5-12-160 of the CRLTO, a landlord is subject to a daily fine of between $200-$500 plus the tenant has a civil remedy to recover the greater of two months rent or twice the tenants actual damages plus court costs and attorney's fees. Landlords: don't lock out your tenants.
1 comment:
This is very helpful to me, I live in southern Illinois and my landlord just locked me out, took all my belongings, and shut off my water. He also told me it was my fault he had to take a day off work to do this and that He hurt himself moving my stuff. Never did even give me a 5 day notice and certainly never filed anything with our county court. I'm glad I may have some options here. I just wish it were easier to find information about landlord/tenant laws outside of Chicago.
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