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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4823
Experience:  Experienced in both state and federal court.
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Do I have any options ? I was a month to month tenant and served

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Do I have any options ? I was a month to month tenant and served a termination of tenancy and this was followed by an order of forcible eviction( for possession ); I was not behind in my rent. I claim that this was retaliation for complaining about total disregard of not making any repairs to my unit; while other units were being constantly repaired when they became empty. I am disabled; and have been so for seven years, does ADA protect me? Is this a case of subliminal discrimination ? Can I raise challenges under ADA guidelines ? This is in ILLINOIS/Chicago.

TexLawyer : Good evening. I'll be assisting you with your question.
TexLawyer : Just so I have this correct, you do not have a lease; you are just month-to-month, correct?
Customer: that's correct
TexLawyer : What you are dealing with is the danger of a month-to-month lease. With proper notice (which the landlord has apparently given), you can be evicted without cause. Your agreement with the landlord only extends from one month to the next. Either party can terminate it at any time without a reason.
Customer: What about my disabilities and the aspect of retaliation ?
TexLawyer : The problem is that you have no right to continue the agreement after each month.
TexLawyer : You don't gain a right by virtue of your disability.
TexLawyer : I know it doesn't seem fair, but that is the danger of a month to month lease.
Customer: What can I expect in court ? will I be able to show any cause because discrimination ; for "not renting" each subsequent month as a form of discrimination ?
TexLawyer : In court, you can expect the judge to enter an order ordering you to vacate the property. All the landlord has to show is that he gave you proper notice of the eviction.
TexLawyer : I wish I could tell you that you will be able to stay if you show that he is terminating the lease for discriminatory reasons, but that is not likely to happen.
Customer: So; no protection of any sort under ADA or other protections for seniors or diabled ?
TexLawyer : You have protections, just not in a month to month lease.
TexLawyer : If this were a standard lease, you are well protected, but month-to-month leases are by their nature temporary and afford you little protection. Generally speaking, that is why people sign longer leases.
Customer: What type of protections are you referring to ?
TexLawyer : I'm sorry for the bad news, but I can only be honest.
Customer: THANK YOU.
TexLawyer : If you were under a lease, he would have to show cause to evict you. If his reason was a pretense for discrimination, you could do something, but in a month-to-month lease, you don't have a right to the property for more than a month at a time.
TexLawyer : Again, sorry for the bad news.
TexLawyer : Do you have any questions?
Customer: Would going to a tenants rights rights lawyer do any good or is the month to month issue ; a "beating a dead horse" issue.?
TexLawyer : In my opinion, it would fall into the "beating a dead horse" situation. I would hate to see you waste your money on what is likely a losing cause.
Customer: Again; thank you.
TexLawyer : Glad to help. I wish I had better news.
TexLawyer : Can I do anything else for you?
TexLawyer : If not, please remember to "rate" my answer. Have a happy new year.
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