New Illinois Eviction Law Helps Both Tenants and Landlords

Il eviction attorney, IL eviction laws, IL real estate lawyerThe COVID-19 outbreak across the U.S. has left many Americans wondering how they will make rent payments and what will happen if they are unable to do so. For the past few months, a residential eviction moratorium has been in place, restricting residential tenants from being evicted due to late rent payments. This moratorium has been extended on multiple occasions, but is intended to conclude at the end of July. A new state grant program is beginning in August to provide financial assistance to those who are struggling to make rent payments, yet this may not be enough for many Illinois residents to stay afloat for long.

In mid-July, the Illinois Supreme Court adopted a new rule for eviction proceedings that will go into effect immediately. Whether it is in response to COVID-19’s effect on renters or was a longtime coming, new Rule 139 requires aims to better inform all parties involved in eviction cases.

Rule 139

The eviction process is not as immediate as many may think — a number of notices are required and it can take time for the court to address the eviction request. Rule 139 does not quicken up the eviction process, but it better informs the renter and court about the details of the landlord’s eviction request and case against their tenant. Moving forward, all eviction complaints must include a copy of the written eviction notice and relevant portions of the lease agreement where applicable.

The Illinois Supreme Court has released standardized forms for use by the landlord in place of the eviction notice or demand, in addition to the use of an affidavit for landlords that do not have a lease or written lease agreement. It is now required for the landlord to include the attachment of demands, termination notices, proof of service of the demands and notices, and relevant portions of the lease agreement when filing the eviction complaint.

These new requirements provide tenants with the relevant information for their case without having to wait for the trial or discovery to be informed about the allegations being made against them. This will allow tenants to find a reputable attorney who can represent their case well in advance of the court date. They will also have additional time to formulate their defense strategy against the eviction. Being able to reference the exact terms of the leasing agreement that have not been followed will also allow judges to give a more well-informed and timely response to the eviction case.

Contact a DuPage County Residential Real Estate Lawyer

Receiving an eviction notice can send anyone into a mental state of panic and uncertainty. In order to better clarify the reasons behind any eviction notices, the Illinois Supreme Court has required more information to be readily available to tenants facing possible eviction. The legal team at Stock, Carlson, Oldfield & McGrath, LLC remain in-tune to any legal updates regarding Illinois real estate and their attention to detail can help you be well-prepared for your case. Eviction notices should be taken seriously and you should search for a reputable attorney from the first notice received. Contact a Wheaton real estate attorney for help with your defense strategy at 630-665-2500.

 

Sources:

https://www.illinoislawyernow.com/2020/07/illinois-supreme-court-adopts-new-rule-for-eviction-cases/

https://www.isba.org/sites/default/files/blog/documents/Adopted_Amended%20Rules%20139_101_181_7-17-20.pdf

https://www.daily-journal.com/news/illinois/pritzker-extends-residential-eviction-moratorium-until-july-31/article_5c140440-b14e-11ea-a33f-27d9f797b539.html

 

What Are the Different Types of Powers of Attorney in Illinois?

IL estate planning lawyers, IL probate attorney, In the instance that you become unable to handle your own affairs, either financially or medically, it is important that you have a power of attorney (POA) set in place. This allows you to designate who will be in charge of your affairs if you are unable to do so on your own. The person designated to handle the affairs is known as the “agent” and the person who the POA concerns is known as the “principal.” If you are intending on getting your affairs in order, it is important to work with a reputable estate planning attorney to ensure that the POA is valid and the proper terms are included.

General POA Requirements

There are a number of requirements that must be met when creating a POA in the state of Illinois. In order for the legal document to be valid, the agent must be designated by name and their powers must be outlined. POAs are unique to your circumstances so you should include, in detail, what your agent is legally responsible for. This person must be at least 18 years of age. The POA must be signed by the principal and at least one witness must be present. The principal must also acknowledge their signature, and thus their consent to the POA, in front of a notary public, or attorney.

Types of POAs

Illinois recognizes two types of POAs — healthcare power of attorney and a property powers of attorney. The healthcare POA outlines how you would like your medical affairs handled. This can be difficult to work through since you are determining how long you would like to be kept alive if you cannot do so on your own. The agent will be named as the party who can make this decision for you if the time comes. It is critical that you select a trustworthy individual as your agent since they will be deciding your life or death. Married couples will typically select their spouse as their POA agent, but in some cases, they may select another person. It can be difficult for a spouse to decide against keeping their spouse on life support, even if this is what he or she asked their agent to choose if the situation arises.

Property POAs focus on the details of your finances. If you are incapable of handling your own financial affairs, an agent can be named to manage your affairs during that time. Some may decide to sign a durable power of attorney, which becomes effective immediately and is not dependent upon your incapacity. Most will sign a springing POA which only comes into effect upon your incapacity which is determined and diagnosed by medical professionals to avoid any questions on the matter.

Call a DuPage County Estate Planning Lawyer

Placing someone else in charge of your medical or financial decisions can be a difficult pill to swallow. Unfortunately, it is often inevitable as we age or can be completely unexpected as a result of a serious accident or diagnosis at a young age. There is no way to predict your future, but you are able to prepare for the unexpected. At Stock, Carlson, Oldfield & McGrath, LLC, our compassionate legal team works with clients of all ages to help them get their affairs in order. Whether you have recently received a grim diagnosis, are noticing your old age, or simply want the unexpected to be planned, contact our Wheaton powers of attorney lawyers at 630-665-2500 for help.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2113&ChapterID=60

Are Non-Compete Agreements Legal and Valid in Illinois?

IL Business Lawyer, Illinois employment attorneyIf you are on the job hunt or have recently been hired by a new company, it is important that you review the contract given to you by your new employer. Many new hires will sign employment contracts relieved to have found a job rather than skeptical about the contract’s details. No matter how much your employer appears to explain the contract in front of you, there is always the chance that some details are being left out. One of the terms that you may overlook is a non-compete agreement hidden within the pages of text. Many employers will be upfront about this agreement to avoid any future contention while others may fail to mention what this means for you as an employee of their company. In order to avoid this confusion, you should always take the time to review your hiring contract with a reputable business attorney.

What is a Non-Compete Agreement?

Evident in the name, this contractual agreement restricts employees from working for or becoming a competitor for a set period of time. These non-compete agreements, also known as covenants not to compete (CNC), are enforced when an employee separates from their employer and the employer wants to prevent the employee from taking on a position that would be considered their competitor. Depending on the details of the agreement, these CNC regulations can last weeks, months, or even years after leaving your place of employment. This is meant to protect the company’s secrets and to keep the employee from poaching other employees to work alongside them.

In order for the non-compete agreement to be considered valid, there is particular information that must be included:

  1. The effective start date of the agreement.
  2. The reasoning for the purpose of the agreement.
  3. Specified dates in which the employee will be unable to work in a competitive sense and geographical location outlined in the agreement.
  4. Information on how the employee will be compensated for agreeing to these terms.

How Broad Can These Go?

For obvious reasons, CNC agreements must have specifications for what is considered “competition.” If these descriptions are too broad, the non-compete agreement may be deemed invalid in a court of law. In 2018, the Illinois court saw a lawsuit in which the employee claimed that the agreement was too broad to be considered valid and enforceable. The agreement in question prohibited the employee from being employed to any extent by any company that works in the same business as the employer within 50 miles of the company’s office. This included taking a position that had no relevance to their previous position, such as janitorial work. Looking at this agreement, the terms deny the individual’s ability to hold a job within a reasonable distance of their home. For this reason, the court sided with the employee stating that the agreement was much too broad to be considered valid. This is one instance in which the court took the employee’s side; however, more often than not, the employer is granted their wishes.

Call a DuPage County Covenants Not to Compete Lawyer

No one intends on having the same job forever, but some may feel as if they must stay in their position due to the details of their contract. It is not unheard of for CNC agreements to act as a tool to keep employees in their position by restricting their ability to find another job. If you feel as if your contract is unreasonable, you should have a Wheaton non-compete agreement attorney read the terms and conditions of the CNC. If the conditions are too broad or restrictive, you may be able to have the agreement thrown out by a court of law. The legal team at Stock, Carlson, Oldfield & McGrath, LLC, has worked with employers and employees to make sure their contractual non-compete agreements are valid and enforceable in Illinois. For legal help, contact us at 630-665-2500 to schedule your initial consultation.

 

Sources:

https://www.thebalancecareers.com/what-is-a-non-compete-agreement-2062045

https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2018/overreaching-covenants-not-to-compete/

https://www.investopedia.com/terms/n/noncompete-agreement.asp