Last minute question re illegal eviction & settling with evil landlord
November 12, 2015 8:14 PM   Subscribe

Landlord has made an offer. Before getting to the immediate issue, some details regarding daughter's back story in previous posts and a not-do-brief update are below.

In mid-August she asked to go to family therapy and therapy for PTSD (she didn't agree with BPD diagnosis) and her dad agreed to pay for an apartment, which was intended to add stability to her life. He then added multiple conditions re the apartment, creating weeks of re whether or not she would soon be homeless. She finally signed a lease on 10/8 for an apartment in a 3-flat in suburban Chicago (Cook county). that she would be sharing an acquaintance she's known for years, who has (apparently) been dealing relatively successfully with mental health-related issues (primarily depression), e.g., he has his own business, voluntarily hospitalized himself in Sept to deal w/ recent episode. Unfortunately, things with her roommate tanked within a few days—he spent no more than 2 nights in the apartment—no doubt related to her issues and probably exasperated by his.

I came up on Oct 14 with the hope of salvaging the situation. The next day the landlord called to talk about rescinding the lease due to noise complaints. I explained that she was hoping to resolve issues with her roommate by the weekend. If they couldn't work things out, she would need to leave because she couldn't afford the place by herself. (The landlord was upset that her dad—who paid the security deposit and rent—hadn't told him she was “unstable” when she signed the lease.) Unfortunately, she was hospitalized (involuntary) from Oct 16-23.

She asked me to stay at her apartment to “watch her things” because she didn't trust her roommate, whom I still haven' met/seen, or her landlord. On 10/20, her landlord posted a “10 days notice” re eviction due to noise complaints—the notice was dated 10/16—and he changed the locks to the apartment. Re the date, he told me had notified her roommate on 10/16, but within an hour I had a text from him this was not true. Landlord said her would give Daughter the new keys when she was released from the hospital. In the meantime, I couldn't leave the place because I would be locked out. He told me repeatedly that he wanted me out due to “noise complaints”, which I'm sure was an outright lie. As I told him, I have no TV, no stereo, cell reception is so bad that I avoid making calls when I'm there, and I never wear shoes indoors.

Daughter called him from Boyfriend's phone when she left the hospital regarding keys and he started screaming (boyfriend's words) at her that he wanted her out immediately or he would throw her things out that weekend—she was in tears when she returned to the apartment. I called from the same phone and began with “Landlord, you know you can't do that...”, but he interrupted me by screaming “I want you out now...”, repeated the threat about throwing her things out, and was still yelling when I took the phone back to Boyfriend. She was never given keys for the new locks.

At this point, she is 3 weeks into a 12 month lease and, of course, already paid through to the end of the month. She knows her former roommate does not want to return, but hasn't yet thought about next steps.

Despite all this, she was in the best state of mind she has been in months—even agreeing to BPD diagnosis. Her dad says that he will pay for another apartment, if she will agree to intensive BPD therapy—and assuming, of course, that she will be out of current apartment on 10/31, so that he won't lose his deposit. Her dad again changes the conditions regarding the agreement (a story I'm too sick of to retell) and she learns on 10/30 that she has no place to go, and she has no idea what to do next.

She risks being locked out the night of 11/2 to go to Boyfriend's house. She returns the next morning to find at least half of her things in the front yard. It appears that Landlord brought 15-20 large boxes into the apartment and proceeded to fill them with her things, deliberately mixing contents. Each box contained an assortment of items including clothes (clean and dirty), jewelry, arts/crafts material, electronics, household and kitchen equipment, toiletries, meds, keepsakes, personal papers, as well as misc trash and garbage. Jewelry boxes, pill bottles, craft supply boxes containing items sorted by type into multiple tiny spaces, packages of markers/crayons/pencils and embroidery floss, were all opened and contents distributed among the cardboard boxes. Many things had been damaged, from both careless treatment and obvious deliberate destruction (a Surface tablet that belongs to my brother was smashed). The worst of the boxes included leaking containers of defrosted juice concentrate and/or random garbage—some of which did not come from her apartment. In addition, the refrigerator was filled with spoiled food, including some rancid liquid that collected under the produce drawers. Landlord was arrested later that day—2 charges related to illegal eviction. The police officers present that day told her he could get 365 days in jail, but I've since heard that that is unlikely. (Because she is a better person than I am, she was relieved to hear this.) The hearing is late this month.

I came back a week ago to help her sort through her options as well as her things. She has decided to return to a place that I think is less than healthy for her, but there is nothing I can do about this. A couple of days ago, Landlord offered her $1000 to leave by Monday—yesterday he increased this to $2000, to which she has tentatively agreed. They are supposed to talk details tomorrow. What are her options? A couple of points:

She can leave on Monday with a couple of suitcases, plans to store some things until she gets settled, most things will be donated or tossed.

Is it possible to keep the damaged and missing items (the tablet, iPod, a couple of phones) separate from this settlement, i.e., is this something that should be dealt with in the hearing re the illegal eviction.
posted by zombies puppet to Law & Government (16 answers total) 1 user marked this as a favorite
 
$2000 sounds cheap for what he is facing + isn't there going to be restitution??

Talk to victim services at the court and a lawyer. In general, no, she should not take the settlement. He might be taking advantage. Double check. Triple check.
posted by jbenben at 9:12 PM on November 12, 2015 [7 favorites]


Many legal aid organizations offer telephone advice, and you may be able to get through the intake process and speak with a lawyer quickly if you explain the urgency of the situation. To get through a legal aid intake process quickly, be sure to emphasize the risk of homelessness, and:
Landlord was arrested later that day—2 charges related to illegal eviction.
Please call your local legal aid organization first thing tomorrow. Information about finding an attorney is available at the MeFi Wiki Get a lawyer page, including links to contact information for legal aid organizations in every state.

Take pictures of all the damaged property, and consider contacting the police to report the destruction. Your daughter may end up owning that building after a successful lawsuit against this landlord, so please document the harm that has been caused.

It sounds potentially unsafe to meet with the landlord without some kind of law enforcement officer or attorney present, because the landlord has criminal charges pending against them for crimes they committed against your daughter. A lot of what you describe sounds like abuse with the kind of escalation that echoes domestic violence situations. There are hotlines available that can offer help with safety planning and assistance accessing local support resources for people in these kinds of situations.
posted by Little Dawn at 9:17 PM on November 12, 2015 [7 favorites]


2000$ may not even cover the damages, especially if stuff was smashed. It sounds like this guy knows he is looking at possible jail time + easy lawsuit and is trying to get her out.

If she has a disabling mental condition, then she is protected under the ADA against many forms of discrimination (as well as I believe the Fair Housing Act).

What this reminds me of is how some landlords react when they find out someone renting has been previously homeless (I did social work) - it's discriminatory as hell, but they figure they can get away with it because the person isn't likely to know how wronged they have been. The landlord absolutely can't kick her out for going to the hospital, and even if he was kicking her out for a legitimate noise complaint, he has to take that shit to court. He can't just throw her shit out himself. He's liable for a lot more than 2000$, which is probably why he's offering to settle.

I personally wouldn't take it.
posted by corb at 4:42 AM on November 13, 2015 [7 favorites]


So, while under a pending warrant for illegal eviction, the landlord proceeded to illegally evict your daughter. I suspect the sudden offers of money are because the landlord has received legal advice that making your daughter go away quietly could save him a lot of money and jail time, both because it could lead to additional charges and because anything that makes this look like a repeated pattern is likely to make a sentencing judge much less sympathetic.

Whether your daughter wants to go quietly is up to her, but she has more than a couple thousand bucks of leverage here.
posted by firechicago at 4:44 AM on November 13, 2015 [4 favorites]


Call the Lawyers Committee for Better Housing. This may all be moving too fast to get legal aid services involved but LCBH is a good place to start. I know they handle matters in the city, not sure about suburban Cook, but again, they'd know who to call
posted by crush-onastick at 7:15 AM on November 13, 2015 [1 favorite]


On the one hand, these kind of self-help evictions, even without the malicious property destruction, are illegal. I couldn't find the penalties in Chicago for illegal eviction, but in some places, they're along the lines of 2-3 months rent. If your daughter's mental situation qualifies as a disability (I have no idea), she might be even more protected from eviction.

On the other hand, you guys are basically in crisis. You need a more stable situation. Dealing with an angry and criminal landlord is not going to help. Getting into a protracted legal dispute and siphoning off money and time for lawyers and court won't help. won't help. She could refuse to leave; she has certainly not been legally evicted; but is that what's best for her situation overall? (I'm not sure what her other housing alternatives are.)

It's probably worth a phone call to legal aid, but other than that, I'd focus on getting into a stable housing situation if possible. I'd try to do that in a way that didn't prevent me from suing the guy later if I found the spare time and money. (That's what I'd be asking legal aid about.) This might not maximize your financial benefit, but there are real costs associated with being locked out, having stuff destroyed, getting yelled at... How much of your time and money do you want to spend fighting and defending against this guy vs. getting her the treatment she needs?

Is it possible to keep the damaged and missing items (the tablet, iPod, a couple of phones) separate from this settlement, i.e., is this something that should be dealt with in the hearing re the illegal eviction.

Is she even a party to the case? (Is it even a civil case?) Maybe it "should" be dealt with there, but I wouldn't assume it will be unless you've talked to an attorney or government representative about that. I'd file a police report, plan on having to pursue this through small claims court, and expect him to never pay up.
posted by salvia at 8:49 AM on November 13, 2015


By the way, my answer would be different if she really has no housing alternatives.
posted by salvia at 8:52 AM on November 13, 2015


Suing landlords in civil court doesn't have to take a long time, based on my past experience as a legal aid attorney. Step 1: Legal Aid attorney calls landlord, obtains contact information for their attorney. Step 2: Legal Aid attorney discusses the settlement with an attorney who understands how many laws appear to have been broken here. Step 3: Client receives settlement proceeds, or the Legal Aid attorney files a lawsuit without any cost to the client, and possibly obtains emergency/immediate orders from the court to stop the ongoing harms to the client.

Things needed from the landlord to help with finding new housing may include a neutral reference letter, as well as many thousands of dollars, at minimum. The housing situation and lost property can get fixed when the landlord pays for it, and when the landlord creates no interference with finding a new place to live. Landlords often want to settle with a client represented by a legal aid organization, because it can be a lot cheaper than paying the landlord's attorney to actually litigate the case.

In the meantime, there are emergency housing options (like a motel voucher) that may be available from local anti-violence/abuse organizations, who may also be able to help advocate for public benefits and/or distribute donations from local religious organizations. Your daughter is a victim of crime, and there is help for crime victims.

The landlord is likely going to try to have your daughter sign a waiver/release of claims, and it may be difficult, if not impossible, to undo if she signs it. It's not clear from the question about why it is so urgent to deal with the landlord today. Is your daughter afraid of additional harm? She may be able to get a protection order that blocks the landlord from her home and having any contact with her. A local anti-violence/abuse organization likely has information and support for the court process related to obtaining protection from a risk of future harm.
posted by Little Dawn at 10:02 AM on November 13, 2015 [1 favorite]


The Lawyer's Committee For Better Housing can be reached Monday - Friday, 9am - 5pm at (312) 347-7600.

The lcbh.org website also offers information about emergencies:
Are you being forced from your home? Is your living situation putting you in danger? Are the conditions of your apartment an immediate risk to your health or safety? Emergency situations in housing do arise and you may need to take action before you are able to consult with an attorney or advocate.
Illinois Legal Aid also offers information tailored by zip code, including contact information for helpful organizations.
Type your legal problem and your zip code into the text boxes on the homepage or at the top of any page on this website, then click "Search." Below your search results will be a Helpful Organizations section that will provide information about legal aid offices that may be able to assist you.
"Landlord" seems to be a useful search term for finding local resources.
posted by Little Dawn at 10:32 AM on November 13, 2015


Don't accept a cent. This is SO lawyer time. I almost accepted money in a bullshit eviction-threat situation like this and only didn't because one of my neighbors was a lawyer who decided to fight it.

He ended up not only not having to leave until it was all settled out, but getting rent/moving expenses/damages to property that was in shared storage/etc. I also watched someone sue the same landlord months earlier for a self help dump-stuff-outside eviction like this.

They only ended up doubling the amount of money they offered you to fuck off because they know how boned they are. They're settling because they know it's cheaper. Do not accept this bullshit behavior from someone screwing you(and your daughter) over when you're already dealing with a tough situation, and especially not because it's the easy route. I regret every damn time i've accepted someone screwing me over when i was dealing with hard family/health/etc issues just to make it go away.
posted by emptythought at 1:33 PM on November 13, 2015


Response by poster: Thank you for comments so far. I don't have ready access to the net, so this additional info is coming pretty late.


Landlord has a $2000 deposit, which I'm assuming (don't know) he will/can keep - at least to cover rent, which is $1300/month.

Deposit was put down by her dad, who backed out on paying rent for next place, so I'm not upset if he loses this.

I am concerned about her having an eviction on her record. Her credit rating is good. Don't want her to run into problems renting in the future.
posted by zombies puppet at 12:22 PM on November 14, 2015


Response by poster: And landlord says that if she doesn't accept the offer, he's going to use the $2000 to hire a lawyer to expedite the eviction process. Is it possible to fast-track an eviction in suburban Cook County IL?
posted by zombies puppet at 12:49 PM on November 14, 2015


General information about the eviction process in Illinois is available from Illinois Legal Aid, which includes:
Can I lock a tenant out of my building if he hasn’t paid rent or is breaking the lease?

NO. NEVER. You must evict a tenant by going through all of the steps below.
Additional information about landlord/tenant issues is also available from Illinois Legal Aid.

And landlord says that if she doesn't accept the offer, he's going to use the $2000 to hire a lawyer to expedite the eviction process.

This is why it sounds very helpful for your daughter to apply for free legal assistance as quickly as possible. If the landlord hires an attorney, the landlord's attorney can explain to the landlord about how many laws appear to have been broken by the landlord, and the amount of money that your daughter may win if this case proceeds to court.
posted by Little Dawn at 1:31 PM on November 14, 2015


Also, please note that no one answering here can provide legal advice that can be relied on to make decisions about this specific situation. Only an attorney licensed in Illinois can provide specific advice about what to do.
posted by Little Dawn at 1:33 PM on November 14, 2015


Response by poster: Things are up in the air. Thanks to responses so far she's not doing anything until she gets legal advice.

I would love to persuade her to stay - to at least get a thorough assessment - because she does not really have a plan. She is talking about returning to the questionable farm in CA, but they won't have work for her until after the holidays. She's talking about heading west with a friend of a friend as soon as things are settled.

The only plus side that I can see at the moment is that she is in no hurry to leave - so I have more time to try to convince her to get the assessment.
posted by zombies puppet at 11:49 PM on November 14, 2015


Based on the information posted in this and past AskMes, it sounds like SSI/SSDI may be an option for your daughter. There is a free program for fast-track SSI/SSDI applications called SOAR that is available for people who are at risk of homelessness.

The main contact for SOAR in Illinois appears to be the DuPage Federation, which can be reached at (630) 530-8255 for emergency assistance and may be able to help find a local SOAR advocate to assist with the application process.

Stable income and the related benefits could help stabilize your daughter's situation and help create additional options. According to the U.S. Interagency Council on Homelessness, "accessing these income and health care benefits is often a critical first step on the road to recovery."
posted by Little Dawn at 7:40 AM on November 15, 2015


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