Real Estate Law
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Hi, My name is XXXXX XXXXX I will be glad to assist you today. I read your posts but did not see a question,
1. Are you asking if you can be evicted because you took out the old dishwasher and installed a new dishwasher ?
2. Were you told you would be evicted ? If so, by whom ?
3. When does your lease expire ?
4. Who is Advantage Realty ? Are they the rental agents for the owner ?
1)The new dishwasher has not et been put in because of the issue of eviction. The appliance man and were to put it in today but decided to get more information and install it tomorrow morning if it was not to cause any trouble.
2)O was told I would be evicted by JennyKleinmaier-Phone #(NNN) NNN-NNNN
3)My lease was up in March but I chose to pay extra so I did not have to sign a year lease. I lease month to month.
4) Yes, Advantage Realty are the rental agents for the owner. I have no idea who owns this townhouse.
Hi, Cecile, Thank you for your additional information,
There is a Greek saying which would suffer tremendously in the translation, but it is used to wish someone a very happy time because they are welcoming home a loved one. The closest I can get to it is by saying, "Congratulations and have the best of times with your son." You must be very proud of him as well you should be and as we all are for those men who are brave enough to serve our country and maintain the peace that most of us take for granted.
Cecile, you will not be evicted. I am not saying that they would not try, but they would lose and fall flat on their face and here is why - Please allow me to give you some legal principles relating to real estate law.
1. There is an implied warranty in every lease that the Lessee shall, during the lease term, have quiet use and enjoyment of the demised premises with all appurtenances;
2. A Lessor warrants to the Lessee that all appurtenances are in good working order and repair;
3. If, after notice from Lessee, Lessor fails to make repairs within a reasonable amount of time, Lessee shall give notice to Lessor that Lessee shall make such reasonable repairs and deduct the cost of said repairs from the rent;
4. Upon expiration of the lease term and any renewals thereof, Lessee shall return to Lessor the demised premises in the same condition as the demised premises were delivered to Lessee at the commencement of the lease term, ordinary wear and tear excepted;
5. If Lessee installs any element, thing, or article in the demised premises that would cause damage if removed, then said installed element, thing, or article shall become part of the demised premises and shall not be removed upon Lessee's vacating the demised premises.
Now, in plain English, these principles mean that if property is rented with certain features which are covered by the rent, then those features must be maintained in good working order for the tenant. Although almost everything is negotiable, in the absence of language to the contrary, certain repairs are the responsibility of the Landlord and certain repairs are the responsibility of the tenant. As a general rule, items which are attached to the leased property such as windows, doors, dishwashers, etc. are the responsibility of the landlord. Certain items such as light bulbs and similar items which are not permanently affixed to the property are the responsibility of the tenant.
If the property that you rent came with a dishwasher (and, necessarily is included in the rent), then you are entitled to a dishwasher that is in good working order and repair. If it broke and you gave notice to the landlord (Or, the landlord's rental agent) and it was not repaired within a reasonable amount of time, then you, as the tenant who is paying the rent for property whose description includes a dishwasher, have the right to inform the landlord that you will make the necessary repairs and deduct the cost of such repairs from the rent. If the item is very old and the tenant wishes to update it, or have a newer model installed, you, as the tenant, can purchase such item, have it installed, but must leave it in the property when you vacate, if its removal would cause damage to the property. In the alternative, if the item can be removed and the original item reinstalled without damaging the property, then you can take the new dishwasher with you and have the old dishwasher that came with the property, reinstalled.
If the rental agent wants to give you a hard time and not only threatens to evict you, but actually commences eviction proceedings in Landlord-Tenant Court, using the excuse that you installed a new dishwasher in the property, I can almost guarantee you 1,000% that they will lose because:
1. You rented the property with a dishwasher, but the dishwasher saw better days and was constantly breaking. The rental agents were not very conscientious about making repairs within a reasonable amount of time;
2. By installing the new dishwasher, you enhanced the value of the property, if you chose to leave it there when you moved;
3. If you intend to take the dishwasher with you and you still have the old one which came with the property, then you can reinstall the old dishwasher and you will be able to return the property to the landlord in the same condition it was given to you, ordinary wear and tear excepted.
Therefore, the excuse that the rental agent would give in the paperwork to you and the Court for seeking to evict you is not a basis for any eviction at all. Whoever threatened you with eviction because of the dishwasher issue either did so in an attempt to intimidate you, or they simply failed real estate 101.
Do not worry, do not feel intimidated or threatened, enjoy your son, enjoy the July 4th holiday and all that it stands for, and use disposable plates :)
If I have not Answered your question ompletely, please use the "Reply" button to let me know and I will be glad to explain further,
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Thanks you so much Andrea, your words of wisdom has put my mind at ease. You were prompt and thorough in your answer.
Your first paragraph brought tears to my eyes. I do not know what these brave men and women go through and we get very little information. They are humble and serve their country with honor. I do want the best for him on the rare occasion when he comes home. Yesterday, he was playing his beloved guitar that he hasn't played in one year at 1pm and a neighbor came and asked him to stop. I'm certain that if she had been put through gas chambers and water boarded for training she would have a different look on things. No one but those who do the work to keep us free will ever know the hardship they go through. It angers me when US individuals are so ignorant about how they are able to speak their minds and have all freedoms they have and never take a moment.to be thankful for these brave souls Thanks for everything and a big thank you and hug for understanding our military keep us free. HAVE A HAPPY INDEPENDENCE DAY!!!!!!!
Good morning, Cecile, Thank you for your kind words and the Excellent Service rating, I appreciate both greatly.
From a very young age, I was taught to respect those who chose to serve our country in the military. In college, I gained tremendous insight and respect for the US Marines when I had a former Marine Sergeant during the Korean War as my college history professor. He was amaaaaaazing. He ran the class like Parris Island. It takes a very special person to be a Marine, of that I am convinced. Please give your son a big hug from me and convey my sincere personal thanks to him. I love the guitar and I especially love to hear "Take me Home, Country Road" by the late John Denver, God rest his precious soul. Please ask your son to play that song for me, but he must play it especially loud so that your neighbor can hear it. If she says anything, other than, "Thank you" to you or your son, simply go up to her, look her straight in the eyes and tell her,
"Somebody's looking for you, her name is XXXXX XXXXX she told me to tell you that she grew up in New York and she has a special way of convincing people to see things her way, especially when it comes to Marines".
If you need anything further, or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,
"For Andrea only .......... "
Thank you for allowing me the opportunity to assist you,
ANDREA G. TILLIS
Thank you Andrea, there are very few people in our lives that touch us the way you have touched me. I will never forget you and if you ever feel like you need a friend for any reason, I am available both email and my personal cell, XXX-XXX-XXXX.
JustAnswer wants to protect the privacy and the personal information of all its customers so that they are protected from being seen by anyone who happens to be on the internet, and I believe there is a software program that they use and it detects the "at" sign [@] in email addresses and "x's" them out as well as the entire email address so that we cannot see it. It does the same thing with the space sign in phone numbers and they are x'd out also and we cannot see them either. I understand that a way to bypass that is to write out everything for example your email like this,cecileataoldotcom, or agtillisatlivedotcome,or phone numbers for example like mine,sixonezero,twofiveninetwoseventwofour,try dialing the number and see if it works. It is also done because we are not permitted to communicate with customers,except through this forum,and they read our posts to check up on us, but many customers have managed to find me anyway.try it when you read this post and we will see if you get through, In which city and county of Illinois are you located?
Morris Ilinois but I can be found in many health care places since I have a master's in nursing and am a nursing instructor. I visit many clinical sites.
Did you try the information I gave you ?
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