Illinois Attorney General Page: 2009

ILLINOIS-ATTORNEY

EVICTION NOTICE DRAFTING SERVICE
For our new page on drafting eviction notices, Click here.NEW 2009 SECURITY DEPOSIT RATES
The security deposit interest rates for the State of Illinois and City of Chicago for 2009 have been released. Click here for the new rates.ANNOUNCING SECURITYDEPOSITRECOVERY.COM!
We are pleased to announce that our sister site securitydepositrecovery.com is now up and running. We created a more targeted site to help both landlords and tenants understand their rights and duties under the CRLTO. Please feel free to take a look!COOK COUNTY SHERIFF OVERWHELMED
In order to reduce a backlog of service of process and eviction requests in the forcible entry and detainer division, the Sheriff of Cook County has instituted a number of new policies and procedures to streamline the system and get long wait times back on track. First, for first district cases, the Sheriff is requiring a return date on forcible entry / eviction cases of at least 16 days (as opposed to a minimum of 14). Also, when enforcing an Order for Possession, the Sheriff will no longer actually move the tenant's possessions (instead leaving this task to the landlord). In accord with that decision, the Sheriff has reduced the fee to place a possession order from $250 to $60.
NEW REAL ESTATE CASE: ATTORNEY APPROVAL
In a recent decision (6-29-07), the Second District of the Illinois Appellate Court clarified Illinois law relating to attorney approval clauses in residential real estate transactions. In the case PATEL v. MCGRATH (2-06-0472) the court ruled that unless an attorney specifically proposes a modification (rather than a suggestion for better or different terms), that proposal is not a counter-offer (as was thought to be the case based on prior rulings) but instead, the then "current" contract remains in full force and effect.
NEW LANDLORD TENANT APPELLATE CASE
The Second District of the Illinois Appellate Court recently published an opinion in the case VG Marina Management Corp. v. Wiener (2-05-0610) affirming a landlord's right to obtain a judment for attorneys fees pursuant to the Chicago Residential Landlord Tenant Ordinance. Justice O'Malley's dissenting opinion that the plain language of the CRLTO prohibits such an aware will no doubt be argued again. This one is likely not over. RICHARD MAGNONE SPEAKS TO CBA ON TECHNOLOGY!
Richard made a presentation on internet marketing for the law office and legal related technology to the Chicago Bar Association Computer Technology Committee on September 14, 2006.

RESIDENTIAL TENANT'S RIGHT TO REPAIR AND DEDUCT ACT
On January 1, 2005, a new law went into effect allowing certain tenants, in certain situations to make repairs to a rental unit and deduct the cost of repairs from monthly rent. Click here to see the law.

SECRETARY OF STATE SLOW
The Secretary of State's office has been extremely slow with corporate and business services work as of late. Typical wait time for a new corporation is between one to two months. The Secretary of State has streamlined their expedited service and can generally have an entity incorporated in two or fewer business days for an additional fee.

LANDLORDING IN THE CITY
Richard Magnone participated in an article in the October 13, 2000 "Your Place" section of the Chicago Tribune. I want to stress that being a landlord is a business and should be treated as such, but that there are plenty of deserving well intended tenants out there who can make Landlording a pleasure.