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PredatoryTenants Rights Attorney

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PredatoryTenants Rights Attorney

Post  familyowner on Sat Jan 17, 2009 10:22 pm

I am a landlord of a 10 unit building, that is family owned, located on the southwest side of Chicago. I have been served with a verified complaint at law, which has 3 counts. Count 1, Defendants failed to timely credit interest on security deposit per RLTO Section 5-12-080 (c).
Count II Unlawful accounting and return of security deposit per RLTO Section 5-12-080 (d)
Count III Defendant failed to provide Plaintiff with a proper "separate summary" of Plaintiff's security deposit rights per RLTO Section 5-12-170, the predatory rights attorney that is persuing my family is Chicago Tenants Rights Aaron A. Krolik Attorney at Law to check this piece of work out visit his website securitydepositlaw.com. Please help we will respond to all posts.
Thanks,
Family Owned

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predatory tenants' rights attorney

Post  manhattan on Tue Jan 20, 2009 8:45 pm

I hate to tell you this, but this predatory tenants' rights attorney is milking the
small landlords; only they know the RLTO ordinance better than the landlords and
use it to exact their attorney fees; I was sued by a psychopathic woman who had
bad credit, stayed in my rooming house (rented a bedroom), renting for 2 months or
less, tried to bounce a check on me, stole items from my apartment and FOUND A
TWO BIT TENANTS RIGHTS ATTORNEY WHO AFTER I CHALLENGED HIM SAYING:
WHY DON'T YOU FIND SOMETHING BETTER TO DO? CONSIDERED A CHALLENGE AND
STARTED THE LAWSUIT IN DECEMBER, 2005 AGAINST ME; THEY ACTUALLY
SERVED MY POOR SENILE MOTHER IN FEBRUARY OF 2006 WHICH I DID NOT FIND
OUT ABOUT UNTIL 7 MONTHS LATER JUST BEFORE THE PERIOD GIVEN FOR
VACATING A DEFAULT JUDGMENT (WHICH THEY TOOK); THE ATTORNEY FOR THE
PLAINTIFF IS AS PSYCHOTIC AS SHE IS, A REAL BUM, AND WITH NO CONSCIENCE
EXCEPT TO EXTRACT AS MANY ATTORNEY FEES AS HE COULD FROM THIS
FRAUDULENT LAWSUIT BROUGHT BY A PSYCHOTIC PLAINTIFF (SHE ACTUALLY
COMMITTED BANKRUPTCY FRAUD IN MARCH, 2006 MAKING A 341 CREDITORS
CONFERENCE TAPE WHERE SHE SWORE THAT SHE HAD NO ASSETS (PENDING
LITIGATION) AT THAT TIME. THE WORST OF IT IS THE BAD LEGAL ASSISTANCE;
I CAN GIVE YOU SOME NAMES OF POSSIBLE ATTORNIES, BUT IN MY OPINION
THEY ARE ALL BAD; DO YOU HAVE AN ATTORNEY? if you call me at 773-435-****
I WILL HELP YOU WITH ALL THE KNOWLEDGE GLEANED FROM THE PAST 2+ YEARS
OF LITIGATION OVER A TWO BIT PATHOLOGICAL LIAR. IF I HAD A GOOD
ATTORNEY IN THE BEGINNING, THIS CASE WOULD HAVE BEEN DISMISSED
IMMEDIATELY BECAUSE I HAD A 'ROOMING HOUSE,' AND WASN'T SUBJECT TO
THE RLTO ORDINANCE. I WANT TO HELP YOU AND PERHAPS WE CAN ALSO LOOK
TO GO TO THE CHICAGO COUNCIL AND ALDERMAN (APPEAL TO THEM) TO GIVE
THE RLTO ORDINANCE AN EVEN PLAYING FIELD. 773-425-****; PLEASE LEAVE A
TELEPHONE NUMBER (CELL) SO i CAN CALL YOU. perhaps even a class action
against these attorneys and/or the city council.

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Predatory Tenants Rights Attorney

Post  wdepue on Thu Jan 22, 2009 9:13 pm

A 10 unit building that is family owned,is not excluded per 5-12-020 Exclusions. The landlords would be required to comply by the Municipal Code Of Chicago Title 5, Chapter 12. By your writing of "a landlord" you appear to be using 5-12-030 Definitions (b)"Landlord" means the owner,agent,lessor or sublessor, or the successor in interest of any of them, of a dwelling unit or the building of which it is part.
(c)"Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession. It appears that you "a landlord" and your family "landlords" to be knowledgeable and would have complied by the "Ordinance" and have liberally construed and applied sections to promote it purposes and policies per 5-12-010 Title Purpose and Scope. Was this rental for 1 year or for multiple years? A response is needed for the Count I,II & III for a Lawful Defense. Chicago tenants rights attorney's websites are increasingly becoming an educational and informative tool for Landlord's Lawful Defenses against most of these vexatious lawsuits. I strongly recommend this website in the top two for educational and informative aids for Lawful Defenses for landlords,Chicago Renter's Rights Attorney Mark Silverman@depositlaw.com, also another source Attorney Berton N.Ring PC.@www.bnrpc.com.


Last edited by wdepue on Tue Mar 03, 2009 8:16 pm; edited 2 times in total

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Predatory Rights Attorney

Post  familyowner on Thu Jan 29, 2009 1:14 pm

The tenant leased for 5 years. (5 lease periods of 1yr. each). But the verified complaint at law alleges 3 years.??
Familyowner

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Predatory Tenant Rights Attorney

Post  depositlaw on Mon Mar 02, 2009 12:35 pm

The proper link to one information source listed above for Chicago Tenant Rights is www.depositlaw.com

In my experience, if you are the landlord owner of a building with fewer than 7 units and your tenant is suing you under the RLTO in Chicago, you should not need a lawyer. Just prove this to the judge by motion to dismiss or at trial, and they will rule in your favor. Bring a copy of the RLTO from City hall if you want, but most of the judges are aware of this exclusion already. Paying a lawyer to delay the case is not efficient.

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Predatory Tenants Righs Attorney

Post  wdepue on Thu Mar 05, 2009 2:33 pm

COUNT I
Defendants Failed To Timely Credit Plaintiff With Deposit Interest.

5-12-080 Security Deposits (c) governs how interest is earned and distributed on a tenants security deposit or/and prepaid rent. An example of a common method of earned and distributed interest follows.
Within 30 days after the end of each 12-month rental period, calculate the interest based on the rate for the lease period on the first lease and credit to sub-total on deposit account of the tenants deposit account balance sheet. If lease is renewed there would be no pay out of earned interest, unless requested by tenant in written form, interest rate is now calculated on current lease and security deposit balance is now credited with the previous year interest earned.

COUNT II
Unlawful Accounting & Return Of Security Deposit RLTO Section 5-12-080(d)

5-12-080 Security Deposits. (d), (1),and/or (2) governs how a landlord returns to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord may deduct from such security deposit or interest due thereon for the following:
(1) any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and
(2) a reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs of repairs of repairs of damage if the work was performed by the landlord's employees within 30 days from the date the statement showing estimated cost was furnished to the tenant.
5-12-010 Title, Purpose And Scope.
This chapter shall be known and may be cited as the "Residential Landlord and Tenant Ordinance", and shall be liberally construed and applied to promote its purposes and policies.
This chapter applies to, regulates and determines rights, obligations and remedies under every rental agreement for a dwelling unit located within the City of Chicago, regardless of where the agreement is made, subject only to the limitations contained in Section 5-12-020.
In order to understand (d) (1) any unpaid rent, rent is defined by 5-12-030 Definitions. Whenever used in this chapter, the following words and phrases shall have the following meanings:
(f) "Rent" means any consideration, including any payment, bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a dwelling unit.

Count III
Defendants Failed To Provide Plaintiff With A Proper "Separate Summary" Describing
His Security Deposit Rights in 2007 RLTO Section 5-12-170

5-12-170 Summary Of Ordinance Attached To Rental Agreement.
The commissioner shall also, after the city comptroller has announced the rate of interest on security deposits on the first business day of the year, prepare a separate summary describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate as well as the rate for each of the prior two years. The commissioner shall also distribute the new rate of security deposit interest, as well as the rate for each of the prior two years, through public service announcements to all radio and television outlets broadcasting in the city. A copy of such summary shall be attached to each written rental agreement when any such agreement is initially offered to any tenant or prospective tenant by or on behalf of a landlord and whether such agreement is for a new rental or a renewal thereof. Where there is an oral agreement, the landlord shall give to the tenant a copy of the summary.
If the landlord acts in violation of this section, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of the written notice. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred, he shall be entitled to recover $100.00 in damages. (Prior code 193.1-17;Added Council Journal of Proceedings, September 8, 1986,page 33771;Amend. Council Journal of Proceedings, May 14, 1997, page 45167;Amend. Council Journal of Proceedings, October 1,2003, page 9191)
A landlord would make available copies of the summary attached to tenants leases with the appropriate interest rate for the year of the lease and as well the rate for each of the prior two years, for lack of a written notice by the tenant of terminating the rental agreement and the written notice specifying the date of termination no later than 30 days from the date of the written notice. 5-12-180 Attorneys Fees. If the tenant establishes that a violation of this has occurred they would be entitled to recover $100.00 in damages and reasonable attorney fees; provided that the action arose out of a landlord's or tenant's application of the rights or remedies made available in this ordinance and shall be entitled to all court costs and attorney fees.
By the lack of any written notice that specifies the date of termination from the written notice and copies of all security deposit summaries including the appropriate interest rates by the landlord, this would be a moot issue and no awarding of attorney's fees for 5-12-170 Summary Of Ordinance Attached To Rental Agreement. per 5-12-180 Attorney's Fees.

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