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My daughter lives in a condo in Chicago and is single. It is mainly a family condo, she doesn't fit into there obvious profile. Her landlord has no problem with her she pays her rent $1500 a month, and has tried to be friendly to these people. The neighbors file complaints, don't talk to her, she has to be quite when the woman's babies next door are sleeping during the day. They have called the police on her saying they smelled marijuana. The police broke into her apartment and ransacked it and left. They are harassing her and trying to force her out. Does she have any legal rights? Thanks for any information you could give me, my daughter doesn't feel she has any options. A concerned mother

Submitted: 133 days and 13 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Illinois

Posted by Eli 133 days and 13 hours ago.

Answer

Hello,

My name is XXX XXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

She does have legal rights. What they are doing is incessantly cruel. She has to scare them with threats of litigation. Let me explain:

Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: slander, libel, defamation of character, and negligence. Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). NOW obviously it won't go that far, but if they get a letter from the attorney threatening them like this, you better BELIEVE they will stop. Also, she can get a temporary restraining order to have them not communicate with her either alone, or as part of a suit if she really wants to file.

Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

133 days and 13 hours ago.

Reply

This information was very helpful and I thank you. Does it matter if this condo has tenants who own the units? My daughters landlords own their unit and hers. They had a meeting with their lawyer and the housing committee. My daughter was present but didn't say anything, but again wasn't even addressed by name, but by something insulting. Her landlord doesn't want her to leave.The housing committee implied they could do what ever they pleased as far as making her leave and they had lawyers present. Is that true?

Accepted Answer

You're welcome :) No, it does not matter. And it is not true, the housing committee is limited to superficial duties, really. They can't do much, and often get shut down by lawyer letters if they try. I wouldn't worry about them too much. As for who to scare - anyone who has besmirched her name and called the police. Her attorney won't be afraid to scare everyone...there is nothing like a letter, also followed perhaps by a draft petition of the suit, to scare everyone into behaving. I talk from experience. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.

Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

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Expert: Eli
Pos. Feedback: 98.9 %
Accepts: 2804
Answered: 11/8/2009

Attorney and Counselor at Law

Specializing in areas of immigration, family law, personal injury, and small business consultation.

133 days and 13 hours ago.

Reply

Thanks again!

Posted by Eli 133 days and 13 hours ago.

Info Request

You're welcome. Good luck. :)

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