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“Ensuring Equal Access to Justice Since 1886”

“Ensuring Equal Access to Justice Since 1886”. Staff of 20 (10 Attorneys). Advice and referral, safety planning (DV) Legal representation “Know Your Rights” workshops Track and work for systematic reform. Elder Law. Domestic Violence. Poverty Law

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“Ensuring Equal Access to Justice Since 1886”

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  1. “Ensuring Equal Access to Justice Since 1886”

  2. Staff of 20 (10 Attorneys) • Advice and referral, safety planning (DV) • Legal representation • “Know Your Rights” workshops • Track and work for systematic reform • Elder Law • Domestic Violence • Poverty Law Consumer, Housing, Financial Exploitation

  3. Eligibility for Legal Aid 125% of Poverty level Household size Yearly income Monthly One $13,000 $1083 Two $17,500 $1,458 Three $22,000 $1,833 Four $26,500 $2,208 Eight 44,500 $3,708 For each additional person add $4500 Call: (708) 974-5133

  4. Metropolitan Tenants Organization Tenants Helping Tenants to Improve Their Lives - Since 1981 -

  5. Health or Building Violation? WARNING No matter how bad the conditions, the tenant must always pay at least a portion of the rent. **FAILURE TO PAY RENT WILL RESULT IN AN EVICTION**

  6. Maintaining Your Apartment • The Landlord is Responsible for: • maintaining the building by the standards set forth in the applicable building code • normal wear and tear • repairs or upgrades promised in the lease • must be written in the lease!

  7. What if… the landlord fails to make repairs? • Repair and Deduct a. Write letter and keep copy (send to landlord or manager) b. Wait 14 days after receipt by landlord. c. Hire professional repairperson or purchase components d. Pay remainder of rent after deducting costs and give landlord copy of receipts and keep the original. e. Keep copy of all receipts.

  8. What if… the landlord fails to make repairs? • Rent Reduction a. Write letter and keep copy b. Wait 14 days after receipt c. Reduced rent should reflect reduced value of unit. d. Always pay some rent (If too much money is taken off the rent it could result in an eviction. In general, keep deduction less than 25% of rent).

  9. What if… the landlord fails to make repairs? • Terminate Tenancy a. Write letter and keep copy b. Wait 14 days after receipt c. Follow up letter Terminating the Lease d. Move on date you specify *the lack of repair must make unit not reasonably fit and habitable (i.e. major problems (rats, flooding, etc or lots and lots of little problems

  10. More Options… • call MTO Hotline 773-292-4988 • organize • Call for legal assistance: Legal Aid Bureau (708)974-5133

  11. Tenant Options – Write a Letter 1.Tenants can purchase a space heater and deduct its cost from the rent. Stoves should not be used as a source of heat! 2. If landlord has not paid the bill, the tenant can pay the bill and deduct it from the rent. 3. The tenant can reduce the rent by writing the landlord a 24-hour letter to demand the situation be remedied. The law requires they keep a copy of the letter!

  12. Leases & Other Rental Agreements Oral Leases and/or Month-to-Month Agreements 1. Oral agreements are considered month-to-month. 2. The landlord can change rental conditions by giving the tenant a written 30-day notice.

  13. Month to Month Agreements 4. Tenant must give 30 day notice to terminate tenancy * *30 day notice must coincide with rental period. (i.e.. If tenant pays rent on the first of the month, notice must be given 30 days prior to 1st. The landlord cannot terminate the rental agreement in the middle of a rental period.)

  14. Written Leases typically 1 year in duration 1. Both parties bound for period of lease. 2. Terms of the lease govern unless modified in writing. 3. Most clauses are enforceable, but generally notice is still required to evict.

  15. Can Tenants Terminate a Lease if Landlord Does Not Make Repairs? YES, if the repair problem makes the unit not reasonably fit and habitable. Step 1: Write letter and keep copy Step 2: Wait 14 days after receipt Step 3: If the landlord does not make the repairs, follow up letter terminating lease. The tenant must vacate the unit upon termination date

  16. Healthy Homes You have a right to a safe and healthy home. You do not have to live with: • Mold • Insects • Rodents • Mites • Deteriorated paint • Lead dust

  17. Landlord Tenant (Eviction) Cases Pre-suit Notice Requirements • Notice Must be served to evict. • How must notice be served? • Types of notice: • Five-day • Ten day • Thirty day • Seven Day

  18. The Lawsuit • Complaint • Service of Process • Personal Service • Service by Special order • Service by Posting of Notice/Mailing • Motions to Quash

  19. What to Do in Response to a Complaint/Summons • Fee Waivers • Need to file appearance/Right to request a Jury Trial - Venue- Court where action is heard Motion to Transfer at time case is first heard/appearance filed c. Attending court d. Requesting time to get an attorney e. Right to Trial

  20. Eviction Case: Primary Issues Possession • Defenses to possession: • Notice not served • Notice does not Comply with Act/Law • Payment made in full amount requested in notice • Tenant cured lease violation within 10 days • Tenant paid rent that was accepted after 30-day notice • Rent is not due because of defense of “breach of warranty of habitability” or other lease term violation

  21. Amount Due for rent Defenses: • Withholding rent • Tendered payment of amount in notice, but landlord refused payment • Filing case before notice period ended • Acceptance of Rent after claimed violations

  22. Defenses (Continued) • Building Code Violations reduce value of rent for premises • Rent demanded is equal to amount client withheld • Lease violations Defense • No breach of lease terms • The violation was not material

  23. Security Deposits • Security deposits are not rent • Not usually an issue the court will address in an eviction case. • Return of Security Deposit (applies to buildings of five units or more). • Interest on Security Deposits (applies to Buildings of 25 or more).

  24. Security Deposit • Tenant cannot use the deposit as last month’s rent. • The landlord cannot charge for normal wear and tear. • The landlord has 45 days to return the deposit and must pay interest every year. • If there are problems with the return of the deposit call MTO Hotline: 773-292-49888 or Legal Aid Bureau

  25. JUDGMENTS • Service determines the outcome: • Order for possession Only • Order for possession with money judgment

  26. JUDGMENTS • Order for Possession 1. Stays 2. Procedure 3. Timing

  27. JUDGMENTS • Defending against an Order of Possession 1. Emergency Motion to extend date of enforcement 2. Motions Filed after Order/before Eviction 3. Motion to Vacate within 30 days 4. Relief From Judgment after 30 Days 5. Money Judgment -vacated after eviction

  28. Judgments – The Final Word • Order are not final until 30 days after the date the Judgment is entered. • Motions • Appeals

  29. How long does an Eviction take? The process takes a minimum of 40 days once the eviction notice is served to the tenant. • Unless you want to lose, never go to court without at least consulting an attorney. • Call the MTO or Legal Aid Bureau if you are sued.

  30. Lockouts • LOCKOUTS ARE ILLEGAL! • What is a lockout? • 1. Change or plug locks • 2. Remove doors, windows • 3. Utility shutoff • 4. Removal of property.

  31. So what if I get Locked Out? Call the police! Only the sheriff can remove a tenant and his or her belongings from their unit.

  32. Retaliation • The landlord cannot evict a tenant for calling the building or health departments or calling a community organization to request help. • Other signs of retaliation: • 1. Increase in rent • 2. Reduced services • In the case of retaliation, call the MTO hotline • (773) 292-4988 or the Legal Aid Bureau at (708)974-5133

  33. What If the Landlord Sells the Building? • The lease is still valid. • The new landlord must abide by the terms and conditions of the lease. • The new landlord is responsible for the return of the security deposit.

  34. Tenant’s Right to Privacy • Landlords have right to enter tenant’s unit. • Landlords must provide tenants with reasonable notice (except emergencies) • Entry must be at a reasonable time. • Tenants can ask to be present and refuse with good cause. • Landlords are allowed to have keys.

  35. “The arc of history is long…but it bends towards justice.” Dennis Trainor, Staff Attorney, Poverty Law Project Intake: 708/974-5133 trainord@metrofamily.org - Martin Luther King, Jr

  36. Thank you! MTO Hotline: 773-292-4988 Open Monday – Friday, 1-5pm LEGAL AID BUREAU - 708-974-5133

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