Landlord-tenant issues — Q&A with FGM

Olivia Dirig, an attorney with Franks Gerkin McKenna, in Marengo, Illinois answers questions regarding landlords and their tenants.

Q: What are some important points that landlords and tenants should all know?

A: You should always have a written lease. It should be as detailed as possible and cover not only the amount of the rent and the term of the lease, but things like who pays for utilities, whether pets are allowed, the amount of the security deposit, whether smoking is allowed, who pays for repairs, etc. It is always better to include things than leave them to chance.

Q: What is the legal process for an eviction?

A: First, the landlord must serve the tenant with written notice giving the tenant time to correct the lease violation. If the tenant does not pay or correct the violation, the landlord then files a lawsuit. The complaint is served on the tenant and gives the tenant a date to go into court. If the judge determines the lease has been violated, he will issue an order of possession to the landlord which gives the tenant a certain date by which they must leave the property. If the tenant does not leave, it is then and only then that the landlord can ask the sheriff to evict the tenant

Q: What is the best thing to do if you have a disagreement with your landlord or tenant?

A: It is always best to have a good relationship with a landlord or tenant. Try talking about the issue to reach some sort of compromise first. It is always best to first try to settle a dispute outside of court. If a compromise isn’t possible call Franks Gerkin McKenna for experienced attorneys who can help you.

Call today. Franks, Gerkin & McKenna | (815) 923-2107 | 19333 East Grant Highway Marengo, Illinois 60152