Attorney of the Day Program Eviction Defense Training LAWYERS COMMITTEE FOR BETTER HOUSING

Attorney of the Day ProgramAttorney of the Day Program

Eviction Defense TrainingEviction Defense Training

LAWYERS COMMITTEE FOR BETTER HOUSING

Lawyers’ Committee for Better Lawyers’ Committee for Better HousingHousing Lawyers’ Committee for Better Lawyers’ Committee for Better

Housing believes that all persons Housing believes that all persons have a right to safe, decent and have a right to safe, decent and affordable housing law and policy. affordable housing law and policy. We serve the needs of Chicago’s low We serve the needs of Chicago’s low income tenants through the following income tenants through the following innovative programming: AOD, innovative programming: AOD, AHPP, TAP, Policy and Advocacy AHPP, TAP, Policy and Advocacy Work, HomeSharing, Better Housing Work, HomeSharing, Better Housing Action Network, Source of Income Action Network, Source of Income Discrimination. Discrimination.

Eviction Court in Chicago: A Eviction Court in Chicago: A Brief History of the ProblemBrief History of the Problem In 1996, Lawyers’ Committee for Better Housing (“LCBH”) In 1996, Lawyers’ Committee for Better Housing (“LCBH”)

published the landmark study, published the landmark study, Time to Move: Denial of Time to Move: Denial of Tenants’ Rights in Chicago’s Eviction CourtTenants’ Rights in Chicago’s Eviction Court, which , which documented widespread abuses in a court where the documented widespread abuses in a court where the avalanche of wrongful eviction orders had become a avalanche of wrongful eviction orders had become a leading cause of homelessness in Chicago. leading cause of homelessness in Chicago. Approximately 40,000 eviction cases are filed every year Approximately 40,000 eviction cases are filed every year in Cook County, and, at the time of the study, 90% of all in Cook County, and, at the time of the study, 90% of all tenants appeared tenants appeared pro sepro se, or without an attorney. , or without an attorney. Landlords obtained eviction orders against Landlords obtained eviction orders against pro sepro se tenants tenants 95% of the time, whereas landlords’ success rate dropped 95% of the time, whereas landlords’ success rate dropped to 50% against tenants represented by attorneys. This to 50% against tenants represented by attorneys. This disparity in outcomes was due not to the validity of tenant disparity in outcomes was due not to the validity of tenant defenses presented but rather to the court’s practice of defenses presented but rather to the court’s practice of ignoring those defenses unless they were presented by ignoring those defenses unless they were presented by an attorney. The average an attorney. The average pro sepro se tenant was evicted tenant was evicted within 3 minutes after the first “hearing” in the case began. within 3 minutes after the first “hearing” in the case began. The court routinely denied tenants their due process The court routinely denied tenants their due process rights.rights.

History of the AOD ProjectHistory of the AOD Project In 1998 LCBH instituted the In 1998 LCBH instituted the

innovative Attorney of the Day Project to innovative Attorney of the Day Project to reform Eviction Court and to fight wrongful reform Eviction Court and to fight wrongful evictions by providing legal representation evictions by providing legal representation to large numbers of low-income tenants to large numbers of low-income tenants and by advocating for systemic reforms of and by advocating for systemic reforms of this traditionally landlord-oriented this traditionally landlord-oriented institution. LCBH has been able to handle institution. LCBH has been able to handle this high volume of cases by recruiting and this high volume of cases by recruiting and training a large cadre of volunteer lawyers, training a large cadre of volunteer lawyers, each of whom agreed to represent tenants each of whom agreed to represent tenants in Eviction Court at least one morning per in Eviction Court at least one morning per month. Volunteer attorneys appear in month. Volunteer attorneys appear in court, argue motions, counsel tenants, and court, argue motions, counsel tenants, and negotiate settlements. negotiate settlements.

Eviction Court in ChicagoEviction Court in Chicago

In 2005, there were 31,000 eviction In 2005, there were 31,000 eviction cases filed in the Daley Center, and cases filed in the Daley Center, and the Sheriff’s Department forcibly the Sheriff’s Department forcibly evicted over 6,000 families in Cook evicted over 6,000 families in Cook County. The Attorney of the Day County. The Attorney of the Day Eviction Defense Program improves Eviction Defense Program improves outcomes for over 400 families a outcomes for over 400 families a year and provides a daily legal year and provides a daily legal presence in eviction court. This is presence in eviction court. This is made possible, in large part, due to made possible, in large part, due to our dedicated Attorney volunteers.our dedicated Attorney volunteers.

What and WhyWhat and Why

AOD = pro bono program of LCBH that AOD = pro bono program of LCBH that enables volunteer attorneys to represent enables volunteer attorneys to represent low income tenants facing wrongful evictionlow income tenants facing wrongful eviction

-Provides valuable litigation experience for -Provides valuable litigation experience for attorneysattorneys

-2 options for involvement: one morning a -2 options for involvement: one morning a month or take on a case from start to finishmonth or take on a case from start to finish

-Attorneys will receive support in and out of -Attorneys will receive support in and out of the courtroom the courtroom

-3 hours of pro bono time for each day in -3 hours of pro bono time for each day in courtcourt

Road MapRoad Map

Applicable LawApplicable Law Court Process: Overview, U and O, Court Process: Overview, U and O,

MotionsMotions Trial: Basics and DefensesTrial: Basics and Defenses JudgmentsJudgments Post-Trial/Post-Judgment MotionsPost-Trial/Post-Judgment Motions Interviews Interviews Negotiation and SettlementNegotiation and Settlement Contact InformationContact Information

Applicable LawApplicable Law

State Law:State Law:

-Forcible Entry and Detainer Act (735 -Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq) ILCS 5/9-101 et seq) governs the governs the procedure for evicting tenants and procedure for evicting tenants and obtaining judgments against them for obtaining judgments against them for unpaid rentunpaid rent

-Others: Rental Property Utility Service -Others: Rental Property Utility Service Act, Retaliatory Eviction Act (765 Act, Retaliatory Eviction Act (765 ILCS 720/1ILCS 720/1))


Rental Property Utility Services ActRental Property Utility Services Act-765 ILCS 735/1-765 ILCS 735/1-Protects tenants from “utility tap” or -Protects tenants from “utility tap” or LL’s interfering with a TenantLL’s interfering with a Tenant-A utility tap is a situation where the -A utility tap is a situation where the tenant is paying not only for their tenant is paying not only for their electricity, gas, etc, but also the electricity, gas, etc, but also the utilities for another apartment or for utilities for another apartment or for common areas in the building. common areas in the building. -Allows for triple damages-Allows for triple damages


Local Law:Local Law:

-Residential Landlord and Tenant -Residential Landlord and Tenant Ordinance (enacted 9/8/86) Ordinance (enacted 9/8/86) (RLTO) – provides tenants and (RLTO) – provides tenants and landlords with significant rights landlords with significant rights and protections that state law and protections that state law does not afforddoes not afford


Examples of RLTOExamples of RLTO5-12-080: Various security deposit 5-12-080: Various security deposit

protections (such as keeping it in a protections (such as keeping it in a separate savings account)separate savings account)

5-12-110: provides specific remedies for 5-12-110: provides specific remedies for tenants with bad conditions and allows tenants with bad conditions and allows for rent withholdingfor rent withholding

5-12-150: prohibition on LL retaliatory 5-12-150: prohibition on LL retaliatory conductconduct

5-12-160: lockout prohibition5-12-160: lockout prohibition*All provide for award of attorney’s fees*All provide for award of attorney’s fees


Fair Housing Act (42 USC § 3604)Fair Housing Act (42 USC § 3604)

-Prohibits discrimination on the basis -Prohibits discrimination on the basis of race, color, religion, sex, disability, of race, color, religion, sex, disability, familial status, and national origin in familial status, and national origin in the sale, rental, terms and the sale, rental, terms and conditions, or advertisement of conditions, or advertisement of apartmentsapartments

-Prohibits sexual harassment as a -Prohibits sexual harassment as a form of sex discriminationform of sex discrimination


*The RLTO supersedes any conflicting *The RLTO supersedes any conflicting provision in the Forcible Entry and provision in the Forcible Entry and Detainer ActDetainer Act

-Scope: every dwelling unit in Chicago -Scope: every dwelling unit in Chicago except for owner occupied bldgs with except for owner occupied bldgs with six or fewer apts (also does not six or fewer apts (also does not apply to hotels, motels, etc – except apply to hotels, motels, etc – except for lockout provision)for lockout provision)


Termination Notices:Termination Notices:

-The LL must serve the tenant with a -The LL must serve the tenant with a termination notice before filing a termination notice before filing a lawsuit to recover possession of the lawsuit to recover possession of the premises (there are 2 exceptions, premises (there are 2 exceptions, but they don’t apply if RLTO applies)but they don’t apply if RLTO applies)

Exceptions: term of tenancy is fixed, Exceptions: term of tenancy is fixed, tenant has waived right to written tenant has waived right to written noticenotice


All notices:All notices:-Must describe the premises and -Must describe the premises and

identify the aptidentify the apt-Must provide that the lease will -Must provide that the lease will

terminate at some future date terminate at some future date (time period does not begin to (time period does not begin to run until notice is served run until notice is served properly)properly)


Types of Notices:Types of Notices:-Five day notice for nonpayment of rent -Five day notice for nonpayment of rent

(most common one that we see) – if (most common one that we see) – if rent is not paid in five days, tenancy rent is not paid in five days, tenancy will be terminated. Notice must will be terminated. Notice must include a “legal demand for a sum include a “legal demand for a sum certain”certain”

-Notice for violation lease provision – -Notice for violation lease provision – 10 day notice – must include 10 day notice – must include description of breach and opportunity description of breach and opportunity to cureto cure


Types of Notices…Types of Notices…-Notice to terminate week to week -Notice to terminate week to week

tenancy requires a 7 day noticetenancy requires a 7 day notice-Notice to terminate month to month -Notice to terminate month to month

tenancies – 30 day notice (also tenancies – 30 day notice (also common) – no reason needed, and common) – no reason needed, and must be served no later than 30 days must be served no later than 30 days prior to the date of termination (i.e. to prior to the date of termination (i.e. to terminate tenancy at the end of terminate tenancy at the end of February the LL must serve notice February the LL must serve notice on or before jan.29)on or before jan.29)


Serving the Notice:Serving the Notice:-Deliver to the tenant-Deliver to the tenant-Or leave with someone 13 years of age and -Or leave with someone 13 years of age and

up who lives thereup who lives there-Send a copy by certified mail-Send a copy by certified mail-Notice by posting-Notice by posting*The court has held that the methods of *The court has held that the methods of

service identified in the statute are not service identified in the statute are not meant to be exhaustivemeant to be exhaustive

*Generally, if the tenant acknowledges getting *Generally, if the tenant acknowledges getting the notice, then this cures a defect in how it the notice, then this cures a defect in how it was served according to the Forcible Act was served according to the Forcible Act onlyonly


Filing an Eviction Action:Filing an Eviction Action:-LL can file for just possession (forcible entry -LL can file for just possession (forcible entry

and detainer) or joint action (possession + and detainer) or joint action (possession + rent)rent)

-Cannot file until there has been written notice -Cannot file until there has been written notice w/cure provisionw/cure provision

-If service of summons by posting, can only file -If service of summons by posting, can only file for possessionfor possession

Service of Summons:Service of Summons:-After LL files complaint, sheriff must serve the -After LL files complaint, sheriff must serve the

tenant with summons to appear in courttenant with summons to appear in court-The return date on summons must be at least -The return date on summons must be at least

seven days from when summons servedseven days from when summons served


Acceptable Methods of Service:Acceptable Methods of Service:-Personal Service-Personal Service-Substitute Service-Substitute Service-Service by special order of the court -Service by special order of the court

(certified mail)(certified mail)-Constructive Service (posting and -Constructive Service (posting and

mailing or publication and mailing) mailing or publication and mailing) LL must sign affidavit that defendant LL must sign affidavit that defendant does not live in IL, has left IL, can does not live in IL, has left IL, can not be found after due inquiry, or is not be found after due inquiry, or is concealedconcealed


**If a tenant is not served in the proper If a tenant is not served in the proper manner, and he/she does not submit manner, and he/she does not submit him/herself to the jurisdiction of the him/herself to the jurisdiction of the court, any judgment against him/her court, any judgment against him/her is void whether or not she/he knew is void whether or not she/he knew about the proceedingsabout the proceedings

*Unknown occupants should be named *Unknown occupants should be named on the summons and served as wellon the summons and served as well


Contesting Summons:Contesting Summons:-You can file a motion to quash service by -You can file a motion to quash service by

summons, posting or publication summons, posting or publication no no special appearance filing necessaryspecial appearance filing necessary

-You can challenge based on improper -You can challenge based on improper information on the summons, missing information on the summons, missing informationinformation

-It is not enough for defendant to say they -It is not enough for defendant to say they weren’t served if there is an affidavit of weren’t served if there is an affidavit of serviceservice

-Substitute service is easier to challenge (no -Substitute service is easier to challenge (no presumption of validity)presumption of validity)

Court Process: OverviewCourt Process: Overview

Before 1Before 1stst Court Appearance: Court Appearance:-We will file an Appearance and Jury -We will file an Appearance and Jury

Demand (APJD) and fee waiver Demand (APJD) and fee waiver when Tenant qualifieswhen Tenant qualifies

-This must be filed before the first court -This must be filed before the first court date on the 6date on the 6thth floor of the Daley floor of the Daley centercenter

-On first court appearance T can ask -On first court appearance T can ask for a week continuance to get an for a week continuance to get an attorneyattorney


-Volunteer is faxed cases at least 24 -Volunteer is faxed cases at least 24 hours before court appearancehours before court appearance

-9:00 am: volunteer arrives in Court, -9:00 am: volunteer arrives in Court, meets with LCBH attorney (Gerard meets with LCBH attorney (Gerard O’Toole) on 14O’Toole) on 14thth floor of Daley floor of Daley CenterCenter

-9:00-9:15: volunteer gets original case -9:00-9:15: volunteer gets original case file, reviews it, checks in with court file, reviews it, checks in with court clerk, meets with tenantclerk, meets with tenant

-9:30-12 pm: volunteer appears before -9:30-12 pm: volunteer appears before judges to represent clientsjudges to represent clients


General:General:-Arrive at court and check court -Arrive at court and check court

call sheet outside of courtroomcall sheet outside of courtroom-Find client’s name and line -Find client’s name and line

numbernumber-Check in with clerk – “Good -Check in with clerk – “Good

morning. I am checking in for morning. I am checking in for line x. I am the attorney for the line x. I am the attorney for the defendant.”defendant.”


11stst Court Appearance: jury Court Appearance: jury demand/transferdemand/transfer

-Introductions/sign retainer-Introductions/sign retainer-Request jury trial -Request jury trial -Give judge transfer order (if don’t have -Give judge transfer order (if don’t have

one, fill one out)one, fill one out)-Clerk stamps copies – one to plaintiff, -Clerk stamps copies – one to plaintiff,

rest in filerest in file-Fill out notice for client with next court -Fill out notice for client with next court

datedate

Court Process: OverviewCourt Process: Overview22ndnd Court Appearance: Judge Garber Court Appearance: Judge Garber

1404; Jury Courtroom1404; Jury Courtroom-Request 14 days to answer or otherwise -Request 14 days to answer or otherwise

plead and 14 days to initiate discoveryplead and 14 days to initiate discovery-If plaintiff filed U and O motion, request -If plaintiff filed U and O motion, request

14 days to file response. Set hearing 14 days to file response. Set hearing for 4 weeks out.for 4 weeks out.

-Put order in clients file, or draft one-Put order in clients file, or draft one-If case has settled, enter an agreed order-If case has settled, enter an agreed order-If not settled, this is a good time to initiate -If not settled, this is a good time to initiate

settlement talkssettlement talks


3rd Court Appearance: one of the 3rd Court Appearance: one of the following…following…

1.1. U and O Hearing – client and U and O Hearing – client and plaintiff testify about premisesplaintiff testify about premises

2.2. Motion Hearing – usually motions Motion Hearing – usually motions to dismissto dismiss

3.3. Discovery Status Hearing – 28 Discovery Status Hearing – 28 days will not have passed, set days will not have passed, set status datestatus date

4.4. Agreed Order – if settlementAgreed Order – if settlement

Court Process: U and OCourt Process: U and O

Response to Use and Occupancy Response to Use and Occupancy Motion:Motion:

-LLs often request that the court order -LLs often request that the court order the T to pay the full amount of rent the T to pay the full amount of rent while court proceedings are going on while court proceedings are going on (does not concern back rent)(does not concern back rent)

-Nothing in the Forcible Entry and -Nothing in the Forcible Entry and Detainer Act authorizes this but Detainer Act authorizes this but judges often grant itjudges often grant it

-If there is a strong defense based on -If there is a strong defense based on bldg conditions, you should oppose bldg conditions, you should oppose the motionthe motion

Court Process: Motions to Court Process: Motions to DismissDismiss

2-615 - Insufficient Complaint2-615 - Insufficient Complaint

-Most commonly used when no -Most commonly used when no notice given to tenant notice given to tenant (otherwise judge will just allow (otherwise judge will just allow LL to amend complaint)LL to amend complaint)

-Must raise this challenge -Must raise this challenge before pleading before pleading

Court Process: Motions to Court Process: Motions to DismissDismiss 2-619 Motion – Lack of Subject 2-619 Motion – Lack of Subject

Matter JurisdictionMatter Jurisdiction

-Tenancy has not been terminated – -Tenancy has not been terminated – in other words, notice not givenin other words, notice not given

-Waiver of notice requirements is an -Waiver of notice requirements is an unlawful provision of any lease unlawful provision of any lease according to RLTOaccording to RLTO


44thth Court Appearance: one of the Court Appearance: one of the following…following…

1.1. Discovery Status Hearing – discovery Discovery Status Hearing – discovery disputes resolved or pre-trial confdisputes resolved or pre-trial conf

2.2. Settlement Status – agreed order or 14 Settlement Status – agreed order or 14 days to answer/plead/initiate discoverydays to answer/plead/initiate discovery

3.3. Use and Occupancy Sanctions Hearing Use and Occupancy Sanctions Hearing – If client has not paid U and O, LL – If client has not paid U and O, LL generally files a Motion for Sanctions generally files a Motion for Sanctions asking that court enter an Order for asking that court enter an Order for Possession against TPossession against T


Pre-Trial Conference:Pre-Trial Conference:-Judge will call attorneys to chambers -Judge will call attorneys to chambers

to see whether the case can be to see whether the case can be settledsettled

-Tell the judge the status and the judge -Tell the judge the status and the judge will push a settlement and indicate will push a settlement and indicate how he’s leaninghow he’s leaning

-The judge will sometimes call the -The judge will sometimes call the clients inclients in

-If case settled, enter agreed order. If -If case settled, enter agreed order. If not, set trial datenot, set trial date

Trial: BasicsTrial: Basics

-Often the LL will insist on an early -Often the LL will insist on an early trial date, as soon as six weekstrial date, as soon as six weeks

-Be prepared to explain why more -Be prepared to explain why more time is needed to complete time is needed to complete discovery/dispose of motionsdiscovery/dispose of motions

-Most cases are resolved before -Most cases are resolved before trial, but some do go to trialtrial, but some do go to trial

-Jury trials usually take 2-3 days if -Jury trials usually take 2-3 days if both sides have an attorneyboth sides have an attorney


-Plaintiff has the burden of proving -Plaintiff has the burden of proving his/her right to possession of the his/her right to possession of the premisespremises

-While eviction actions are summary -While eviction actions are summary proceedings, like any other trial, they proceedings, like any other trial, they should be orderly and follow the should be orderly and follow the proper procedures for evidence, etc.proper procedures for evidence, etc.

-As in all other civil actions, plaintiff -As in all other civil actions, plaintiff must first establish a prima facie must first establish a prima facie casecase


Prima Facie Case – Plaintiff must establish Prima Facie Case – Plaintiff must establish that:that:

-He has a right to possession of the premises-He has a right to possession of the premises-Defendant has possession of the premises-Defendant has possession of the premises-Defendant violated an applicable law or -Defendant violated an applicable law or

breached the agreementbreached the agreement-Plaintiff served valid written termination -Plaintiff served valid written termination

noticenotice-Must establish amount of rent owed if it’s a -Must establish amount of rent owed if it’s a

joint actionjoint action*If plaintiff can not establish each of these, *If plaintiff can not establish each of these,

defendant entitled to judgment as matter of defendant entitled to judgment as matter of lawlaw

Trial: DefensesTrial: Defenses

Germane Defenses:Germane Defenses:-Plaintiff not a proper party/lacks capacity to -Plaintiff not a proper party/lacks capacity to

suesue-Defendant has a claim under the Retaliatory -Defendant has a claim under the Retaliatory

Eviction ActEviction Act-Plaintiff discriminating against the defendant -Plaintiff discriminating against the defendant

on an unlawful basison an unlawful basis-Notice not served properly (see section on -Notice not served properly (see section on

service)service)-Notice does not give the proper number of -Notice does not give the proper number of

daysdays-Plaintiff filed eviction action before notice -Plaintiff filed eviction action before notice

period endedperiod ended


More Germane Defenses (if applicable)…More Germane Defenses (if applicable)…-Defendant owed no rent-Defendant owed no rent-Defendant paid the plaintiff all the rent due -Defendant paid the plaintiff all the rent due

before the termination notice expiredbefore the termination notice expired-Defendant tried to give the plaintiff all the -Defendant tried to give the plaintiff all the

rent due before the notice expired but the rent due before the notice expired but the landlord refused to accept itlandlord refused to accept it

-Plaintiff failure to maintain the premises in -Plaintiff failure to maintain the premises in compliance with building codes reduced its compliance with building codes reduced its value by more than the rent owedvalue by more than the rent owed

-Defendants are withholding the amount of -Defendants are withholding the amount of rent owed in compliance with the Rental rent owed in compliance with the Rental Property Utility Services Act or RLTOProperty Utility Services Act or RLTO


More Germane Defenses...When lease More Germane Defenses...When lease violation alleged:violation alleged:

-Defendant never committed the violation, or -Defendant never committed the violation, or cured it (no further violation)cured it (no further violation)

-The conduct does not constitute a material -The conduct does not constitute a material lease violationlease violation

-Plaintiff accepted rent that accrued after the -Plaintiff accepted rent that accrued after the plaintiff learned about the violationplaintiff learned about the violation

-If no reason given for terminating tenancy, -If no reason given for terminating tenancy, then defendant has a lease in effectthen defendant has a lease in effect

-Retaliation claims-Retaliation claims

JudgmentsJudgments

Single Actions: Single Actions: -If plaintiff wins, he/she will get -If plaintiff wins, he/she will get possession of premises plus possession of premises plus costscosts-Court can stay enforcement of -Court can stay enforcement of judgment for a period of timejudgment for a period of time-If defendant wins, entitled to -If defendant wins, entitled to possession of premises plus possession of premises plus costscosts

JudgmentsJudgments

Joint Actions:Joint Actions:-If plaintiff wins, entitled to -If plaintiff wins, entitled to possession and rent owed + court possession and rent owed + court costscosts-Plaintiff can accept rent between -Plaintiff can accept rent between judgment and expiration of the stay judgment and expiration of the stay and still be able to enforce the and still be able to enforce the judgment, but can not take rent after judgment, but can not take rent after the stay expires and still get the stay expires and still get possessionpossession

JudgmentsJudgments

Default Judgments:Default Judgments:-If defendant does not show up in -If defendant does not show up in courtcourt court determines whether it court determines whether it has jurisdiction over defendanthas jurisdiction over defendant court must ensure that proper court must ensure that proper notices were servednotices were served only then can only then can default judgment against defendant default judgment against defendant be enteredbe entered

*If plaintiff does not show up, court *If plaintiff does not show up, court should dismiss case for want of should dismiss case for want of prosecutionprosecution

JudgmentsJudgments

Expiration of judgments for Expiration of judgments for possession:possession:

Forcible Act states that no Forcible Act states that no judgment for possession can be judgment for possession can be enforced more than 90 days enforced more than 90 days after the judgment is entered after the judgment is entered unless the court grants plaintiff’s unless the court grants plaintiff’s motion for extensionmotion for extension

Post-Trial/Judgment MotionsPost-Trial/Judgment Motions

Vacating a judgment for Vacating a judgment for possession on the grounds that possession on the grounds that the plaintiff reinstated tenancythe plaintiff reinstated tenancy

Motions to vacate default Motions to vacate default judgments (735 ILCS 5/2-judgments (735 ILCS 5/2-1301(e))1301(e))

Motions to ReconsiderMotions to Reconsider Possible AppealsPossible Appeals

InterviewsInterviews

2 purposes:2 purposes:-Collect information from clients to form -Collect information from clients to form

defense strategydefense strategy-Inform the client of rights of each party -Inform the client of rights of each party

so he/she can make informed so he/she can make informed decisionsdecisions

What Tenants should bring to court:What Tenants should bring to court:-Every piece of paper relating to -Every piece of paper relating to

tenancy: letters to LL, receipts, tenancy: letters to LL, receipts, leases, notices, summons, etc leases, notices, summons, etc

InterviewsInterviews

Tips:Tips:-Explain why you are asking certain questions -Explain why you are asking certain questions

(i.e. asking about race bc trying to (i.e. asking about race bc trying to investigate discrimination)investigate discrimination)

-Consider tenant’s background when framing -Consider tenant’s background when framing questions (i.e. asking specific questions questions (i.e. asking specific questions about apt conditions bc they make think it’s about apt conditions bc they make think it’s fine)fine)

-Tenants facing eviction sometimes -Tenants facing eviction sometimes misrepresent facts – do not make hasty misrepresent facts – do not make hasty judgmentsjudgments

-Be aware of trauma stemming from possible -Be aware of trauma stemming from possible sexual harassmentsexual harassment

Negotiation and SettlementNegotiation and Settlement

Damages:Damages:

-If beach of warranty of habitability -If beach of warranty of habitability determine how much the apt determine how much the apt would be worth on the housing would be worth on the housing market, given the conditions, market, given the conditions, and then determine how much and then determine how much rent was overpaidrent was overpaid

-Discrimination or lockout defense -Discrimination or lockout defense can get damages for can get damages for emotional distressemotional distress


If Tenant wants to move….If Tenant wants to move….-Often rent claims can be traded -Often rent claims can be traded

for giving up possession of the for giving up possession of the apt. apt.

-If the tenant has a good claim -If the tenant has a good claim and could get money, that can and could get money, that can be traded for rent free time in be traded for rent free time in the apt until tenant can movethe apt until tenant can move

-Tenant can also agree to move -Tenant can also agree to move and collect cash settlementand collect cash settlement


If Tenant wants to stay…If Tenant wants to stay…

-These cases are more difficult to settle-These cases are more difficult to settle

-If the claims are good, they can offset -If the claims are good, they can offset rent claims and the tenant can start rent claims and the tenant can start paying again and stay in the paying again and stay in the apartmentapartment

-In many cases the tenant will pay back -In many cases the tenant will pay back rent and then be allowed to stay in rent and then be allowed to stay in the apartmentthe apartment


Tips:Tips:-If discrimination claim, preserve the -If discrimination claim, preserve the

claims for future proceedingsclaims for future proceedings-Discuss with tenant whether they -Discuss with tenant whether they

should have an order of possession should have an order of possession as part of the settlement.as part of the settlement.

Pros: provides more timePros: provides more timeCons: goes on permanent record (but Cons: goes on permanent record (but

sometimes even without order, there sometimes even without order, there is a record)is a record)

THE ENDTHE END

Thank you for your interest in Thank you for your interest in LCBH and the AOD programLCBH and the AOD program

If you have further questions or If you have further questions or would like to schedule a time to would like to schedule a time to volunteer call Rasheda Jackson volunteer call Rasheda Jackson at 312-347-7600 Ext.15 or email at 312-347-7600 Ext.15 or email [email protected]@lcbh.org

Documents

Attorney of the Day Program Eviction Defense Training LAWYERS COMMITTEE FOR BETTER HOUSING