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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I have a tenant in Chicago who is terrorizing the tenant beneath

Customer Question

I have a tenant in Chicago who is terrorizing the tenant beneath her with loud music and late hours. I just signed a lease with this tenant, can I put her out for lease vioations? If so, how?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
You mentioned a voucher. I am assuming she receiving housing assistance. What program is she under, as that will tell me what grounds if any you may have for an eviction. Please advise!
Customer: replied 2 years ago.
Chicago Housing Authority
Expert:  Dimitry K., Esq. replied 2 years ago.
Please allow me a moment--I will review the codes for you.
Customer: replied 2 years ago.
how much longer
Expert:  Dimitry K., Esq. replied 2 years ago.
My apologies, I am quite literally drafting my answer now.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your patience. I do apologize on the delay, tracking down the information was much harder than expected.
Because this is subsidized housing, you can only evict for "good cause". Typically good cause includes these grounds:
Non-payment of rent
Serious or repeated violations of important terms of the lease
Drug-related criminal activity
Certain other criminal activity
Drug or alcohol abuse which threatens the health or safety of others, or which seriously and repeatedly disturbs others
Having people not listed on your lease live with you
Providing false information to the housing authority
Having your utilities disconnected
Failure to comply with work or community service requirements
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In this instance arguing that the person violated the 'quiet enjoyment' of the property by interfering with others would be the 'good cause' under which pursuing the eviction would be permitted. But this must be stated and placed in the notice you give her in writing--you need to cite the paragraph or section in your lease pertaining to 'quiet enjoyment'.
This is the code that you can use to pursue the eviction, and please follow the language and the dates listed as far as proper notice:
(735 ILCS 5/9-119)
Sec. 9-119. Emergency subsidized housing eviction proceedings.
(a) As used in this Section:
"FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program.
"HUD" means the United States Department of Housing and Urban Development, or the Federal Housing Administration or a local housing authority administering a HUD program.
"Section 8 contract" means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).
"Subsidized housing" means:
(1) any housing or unit of housing subject to a
Section 8 contract;
(2) any housing or unit of housing owned, operated,
or managed by a housing authority established under the Housing Authorities Act; or
(3) any housing or unit of housing financed by a loan
or mortgage held by the Illinois Housing Development Authority, a local housing authority, or the federal Department of Housing and Urban Development ("HUD") that is:
(i) insured or held by HUD under Section
221(d)(3) of the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937;
(ii) insured or held by HUD and bears interest at
a rate determined under the proviso of Section 221(d)(3) of the National Housing Act;
(iii) insured, assisted, or held by HUD under
Section 202 or 236 of the National Housing Act;
(iv) insured or held by HUD under Section 514 or
515 of the Housing Act of 1949;
(v) insured or held by HUD under the United
States Housing Act of 1937; or
(vi) held by HUD and formerly insured under a
program listed in subdivision (i), (ii), (iii), (iv), or (v).
(b) This Section applies only if all of the following conditions are met:
(1) The verified complaint seeks possession of
premises that are subsidized housing as defined under this Section.
(2) The verified complaint alleges that there is
direct evidence of refusal by the tenant to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises, provided that all of the following conditions have been met:
(A) on 2 separate occasions within a 30 day
period the tenant, or another person on the premises with the consent of the tenant, refuses to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises;
(B) the landlord then sends written notice to the
tenant stating that (i) the tenant, or a person on the premises with the consent of the tenant, failed twice within a 30 day period to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises and (ii) the tenant must allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within the next 30 days or face emergency eviction proceedings under this Section;
(C) the tenant subsequently fails to allow the
landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within 30 days of receiving the notice from the landlord; and
(D) the tenant's written lease states that the
occurrence of the events described in items (A), (B), and (C) may result in eviction.
(3) Notice, by verified complaint setting forth the
relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court.
(c) When a complaint has been filed under this Section, a hearing on the complaint shall be scheduled on any day after the expiration of 14 days following the filing of the complaint. The summons shall advise the defendant that a hearing on the complaint shall be held at the specified date and time, and that the defendant should be prepared to present any evidence on his or her behalf at that time.
(d) If the defendant does not appear at the hearing, judgment for possession of the premises in favor of the plaintiff shall be entered by default. If the defendant appears, a trial shall be held immediately as is prescribed in other proceedings for possession. The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. 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.
(e) A judgment for possession entered under this Section may not be stayed for any period in excess of 7 days by the court. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall give priority to service and execution of orders entered under this Section over other possession orders.
(Source: P.A. 89-660, eff. 1-1-97.)
Hope that helps.
Sincerely,
Dimitry, Esq.

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