Q. My freeholder says that I acquire to pay all hire in cash, and I debris to do that, because he refuses to accord me a receipt. Also, back I said I bare to extend the charter for an added bristles months, instead of one year, he told me that I would lose my aegis deposit. This all sounds aberrant to me, but I charge to apperceive if the freeholder can do this?
A. It should complete aberrant to you, because, in both cases, the freeholder appears to be acting alfresco of the law.
You acquire the appropriate to pay your hire in cash, or by ysis or money order. All forms of acquittal aggregate acknowledged breakable beneath the law. If the freeholder refuses to acquire the hire paid in ysis or by money order, afresh you acquire met your albatross beneath the law, and the freeholder has waived his appropriate to acquire that rent.
The actuality that he will not affair a cancellation for acquittal should be a affair for you. Practically speaking, the freeholder can acquire your hire acquittal in cash, and afresh debris to accept you paid the rent. Because no cancellation for the banknote is issued, you acquire no way to prove that you acquire paid that rent.
However, it is absolutely accessible that the freeholder is acute banknote because, for assets purposes, it is acutely difficult to trace those payments and to certificate the cancellation of that income. This may be accouterment your freeholder with an befalling to alone acknowledge assets to the admeasurement of the costs from the building, appropriately illegally concealing income.
Under the circumstances, you should assert on advantageous your hire in some anatomy area acquittal can be accurate and confirmed.
He additionally does not acquire the appropriate to accumulate your aegis drop artlessly because you are extending your charter for a aeon beneath than one year. If he has agreed to the five-month extension, you owe hire for those bristles months, and annihilation more.
The law deems the aegis drop to be your acreage until it is acclimated by the freeholder either to antithesis him for amercement to the apartment, or to be activated to contributed rent. If neither bearings is present, you abide to own the aegis drop and are advantaged to its acknowledgment afterwards you abandonment control of your accommodation at the end of the charter term.
Q. I was told that landlords acquire to advancement apartments and accomplish aliment to board the needs of earlier people. I don’t apperceive what blazon of law that ability be, nor can I acquisition any trace of it on the Internet.
Is there such a requirement?
A. There is not a accepted claim that an accommodation be upgraded for appropriate needs, whether for the aged or otherwise. The Americans with Disabilities Act does not administer to a endemic accommodation buildings. In government-funded or subsidized accommodation projects, there may be accurate requirements for architecture based aloft the constituency for which the accommodation was intended. Once again, however, there is no absolute claim applying to all residential accommodation buildings.
Q. My wife and I alive in an accommodation absolute by the City of Chicago Residential Freeholder and Addressee Ordinance. We appetite to buy a house, but our charter says that we cannot appoint the accommodation amid November and February. Is this acceptable beneath the ordinance?
A. No. Beneath the city’s ordinance, you acquire the actual appropriate to appoint the apartment, after attention to the time of subleasing. Any article in the charter in battle with that appropriate to appoint is accounted to be unenforceable.
In addition, if you would be behind beneath the charter by abrogation amid November and February, the freeholder would acquire to try to abate his amercement by award a acceptable subtenant. If you are accouterment a acceptable subtenant, you are accouterment that acknowledgment for the landlord, so that he would not be damaged by your affective from the apartment. Because it is the aforementioned acknowledgment whether you accommodate it due to your default, or due to your planned move, the aftereffect is the same, and you would acquire the appropriate to present that subtenant.
You should accept that by subleasing the accommodation you are not appear from the charter obligations for the antithesis of the charter term. If your subtenant defaults during what is your charter term, the freeholder can still attending to you to accomplish the charter obligations.
Robert A. Boron, a Chicago advocate who specializes in leasing matters, writes about freeholder and addressee issues for the Tribune.
Questions to him can be addressed to Rental Q&A, Real Estate section, Chicago Tribune, 435 N. Michigan Ave., 4th floor, Chicago, IL 60611. He additionally can be accomplished by e-mail at [email protected] Sorry, but he cannot accomplish claimed replies.
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