When you file for a foreclosure on your home, you may be wondering what you can do to protect yourself from eviction.
But how do you know if your landlord is trying to get out?
Here’s a rundown of the legal defenses you can use to protect your home from eviction in Illinois, and where you can find a foreclosure lawyer in your area.
How can you defend yourself from a landlord who wants to get rid of your home?
If you have a valid eviction or mortgage, you can take advantage of these defenses:You are the property owner.
The law says that the owner of a dwelling unit, or a person who lives in a dwelling, is the person who owns it.
The owner of your property must file an eviction or foreclosure notice to evict you.
It also has to give you at least 72 hours to file the notice or get a court order.
The notice must show the reasons why you want to vacate.
If you don’t file the eviction or court order within 72 hours, the landlord can file an order evicting you.
The eviction notice must be in writing.
The landlord may not have a physical possession of your dwelling unit.
The property must be yours.
The person who resides in the property, or someone who owns the property with them, owns the home.
The court can issue a final order eviction without a hearing, or it can give you the right to a hearing.
If you don�t have a hearing date, you could have a chance to win the case in court.
If the landlord doesn�t file the order, it can file a petition to enforce the order.
You can use this process to defend yourself against the eviction, but it is not a guarantee of success.
The tenant must prove a claim of discrimination or harassment.
The Illinois Residential Landlord and Tenant Act prohibits discrimination against tenants.
If the landlord denies your claim, you should contact an attorney.
If it does, your landlord must follow the law and respond to your complaint.
If a landlord fails to comply with a court-ordered order, you have the right of first refusal to file a lawsuit against the landlord.
The law says a tenant can sue for any breach of the lease, even if the landlord has not violated the lease.
A landlord can sue you if it is a breach of contract.
You don�ts have to prove a breach for a lawsuit.
You must prove that the landlord didn�t make reasonable accommodations for you, and it must show that the accommodation is an act that substantially increased the landlord�s rental costs.
The legal standard for a landlord to show a breach is reasonable.
You should also prove the landlord did not have reasonable cause to believe the tenant would not be able to pay the rent, the time you will have to pay it, or that the tenant will not have sufficient time to pay his or her rent.
In Illinois, a landlord can only evict a tenant who has been the victim of a crime, or the victim has caused the tenant harm by:Housing discrimination is a class C misdemeanor.
A landlord can evict you for violating any of the following laws if they occur:You don�ve lived in your home for more than six months.
You have failed to pay rent.You haven�t paid a security deposit or rent.
The rental unit is in your name.
You were a resident of the property before you moved in.
A tenant is not allowed to evict a landlord based on a housing discrimination complaint.
For example, if you live in your own home, the tenant cannot evict you because the landlord is refusing to rent to you.
If your landlord refuses to vacitate your unit because you are an undocumented immigrant or an immigrant who has had his or herself removed from the United States, you must get a hearing before a judge to get the eviction removed.
You can file for eviction under the Illinois Civil Rights Act.
The ILRCA protects people from discrimination because of their race, color, religion, national origin, gender identity, gender expression, sexual orientation, or age.
You may be able recover money damages or attorney�s fees if you prevail in your case.
You don’t have to move out to make a claim.
If your home is owned by someone else, you still have the legal right to move if you want.
You are only allowed to move within your home if you are allowed to stay.
The right to rent is protected under the Fair Housing Act.
The Fair Housing Amendments Act of 1968 protects renters and landlords in many areas of Illinois, including rental housing, housing for the elderly, and public housing.
You must prove you have been discriminated against in housing or employment, or you have suffered financial harm because of your race, gender, age, disability, or sexual orientation.
You also have the Right to Know, which protects you from being forced to reveal confidential information.
If a landlord tries to evict your tenant, the court can decide whether to allow you to appeal the eviction.
You have the option of