News Updates
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The NICREI-NIREA & Newsletter was started to be able to get together with others that have the same interest. To share information of interest with others that might not know where to look or have the time to search. News letter offered to you by searching & collecting information on the net that might be of interest to real estate investors and others which is available to all that have time to search.
@northernilrea, NICREI Feb.2002
Northern Illinois REA PO Box 72 McHenry, IL. 60050 www.northernilrea.com Northern Illinois REA
Opening the Door to Information
Bad Check Program, report it here. http://www.checkprogram.com/mchenrycountyil/
IRS Scam emails. Do Not click on!
*****Warning on Scam E-Mails*****
Members of the public are receiving phony e-mails falsely claiming to come from the IRS.
Take steps to protect yourself.
Forward the e-mails to
phishing@irs.gov
Do Not open any attachments or click on any links contained in the e-mails. Instead, you should forward the e-mails to phishing@irs.gov
“Everyone should beware of these scam artists."
Another widespread e-mail tells taxpayers the IRS is holding a refund (often $163.80 ETC.) for them and seeks financial account information.
Still another email claims the IRS’s ‘anti-fraud commission’ is investigating their tax returns.
And many more scams.
You can check further at www.irs.gov
"Ask the Lawyer" Have a Question? Email me
northernilrea@aol.com
and I will forward them over
to Attorney Terrence Lyons
for a reply
1/1/2012 - New Law concerning Evictions and Judgments
This new law makes some positive changes giving the landlord the right, under certain conditions, to accept partial payment without jepordizing the eviction claim, and giving them other rights for time that the court stays the judgment.
Public Act 097-0247
HB1209 Enrolled LRB097 07717 AJO 47828 b
AN ACT concern...ing civil law.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by changing Section 9-209 as follows:
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209) Sec. 9-209. Demand for rent - Action for possession. A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated. If the tenant does not within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment without further notice or demand. A claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an action of forcible entry and detainer for the possession of the leased premises, under this Section. Notice made pursuant to this Section shall, as hereinafter
stated, not be invalidated by payments of past due rent demanded in the notice, when the payments do not, at the end of the notice period, total the amount demanded in the notice. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. To prevent invalidation, the notice must prominently state: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." Collection by the landlord of past rent due after the filing of a suit for possession or ejectment pursuant to failure of the tenant to pay the rent demanded in the notice shall not invalidate the suit. (Source: P.A. 83-1398.)
Effective Date: 1/1/2012
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Law concerning crime in rental housing.
Public Act 097-0236
SB1766 Enrolled LRB097 08058 AJO 48181 b, AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by changing Section 9-120 as follows: (735 ILCS 5/9-120)
Sec. 9-120. Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee.
(a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement.
(b) The owner or lessor may bring a forcible entry and detainer action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring a forcible entry and detainer action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the owner or lessor assigns the right to bring a forcible entry and detainer action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned.
(c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction.
(d) If a lessor or the lessor's assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, or the State's Attorney, or the municipality.
(e) After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately.
(f) A judgment for possession of the premises entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Thereafter the plaintiff
shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall execute an order entered pursuant to this Section within 7 days of its entry, or within 7 days of the expiration of a stay of judgment, if one is entered.
(g) Nothing in this Section shall limit the rights of an owner or lessor to bring a forcible entry and detainer action on the basis of other applicable law. (Source: P.A. 90-360, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon becoming law.
Effective Date: 8/2/2011
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New Law 1/1/2012 - Tenants Radon Protection
A new Illinois Law concerning radon in residential rental properties - takes effect as of 1/1/2012.
Public Act 097-0021
HB0141 Enrolled LRB097 05431 AJO 45489 b
AN ACT concerning civil law.
... Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Illinois Radon Awareness Act is amended by changing Section 15 and by adding Section 25 as follows:
(420 ILCS 46/15)
Sec. 15. Applicability. This Act shall only apply only to leased properties to the extent specified in Section 25 of this Act and to transfers by sale of residential real property. (Source: P.A. 95-210, eff. 1-1-08.)
(420 ILCS 46/25 new)
Sec. 25. Disclosure of Radon hazard to current and prospective tenants.
(a) A lessor of a dwelling unit shall disclose to lessees the existence of a radon hazard consistent with the provisions of this Section. For the purposes of this Section, "dwelling unit" means a room or suite of rooms used for human habitation and for which a lessor and a lessee have a written lease agreement.
(b) The provisions of this Section apply only to dwelling units located below the third story above ground level.
(c) If a current lessee has provided in writing to the lessor the results of a radon test that indicate that a radon hazard exists in a dwelling unit covered by this Section, then the lessor shall disclose in writing to any individual seeking to enter into a lease of that dwelling unit that a radon test has indicated that a radon hazard may exist in the dwelling unit. After receiving a notification of a radon test that indicates a radon hazard, the lessor may choose to conduct a radon test in the dwelling unit. If the lessor's radon test indicates that a radon hazard does not exist on the premises, the lessor shall not be required to disclose that a radon hazard exists in the dwelling unit.
(d) If a lessor conducts a radon test in a dwelling unit and the radon test indicates that a radon hazard exists in the dwelling unit, the lessor shall disclose in writing to the current lessee, and any individual seeking to enter into a lease of that dwelling unit, the existence of a radon hazard in the dwelling unit.
(e) If a lessor has undertaken mitigation activities and a subsequent radon test indicates that a radon hazard does not exist in the dwelling unit, then the lessor is not required to provide the disclosure required by this Section.
(f) Nothing in this Section shall be construed to require a lessor to conduct radon testing.
Section 99. Effective date. This Act takes effect January 1, 2012.
Effective Date: 1/1/2012
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To find out if your condo is on the list, go to the FHA website, fha.gov, look under “Resources, General” and select “Search for FHA-approved condominium projects.”
The government site is a free service, but you’ll have to know the exact legal name of your project. So it might be easier to pay $2.99 to CheckFHAApproval.com, a new site which will launch later this month and requires only an address to determine whether the property is approved and eligible, approved but possibly not eligible or not approved and currently ineligible.
