I signed a year long lease with a place near my University. I paid rent for this month. I was told it was a standard lease by the person preparing it and just to skim through. It turns out that I was supposed to have all of my stuff out of the room that was rented to me by May 17th. They removed my stuff the next day.
Now it’s the 19th and they want over $1000/day storage fee plus moving costs. I was planning on moving everything out of there this weekend.
Is this legal?
It says that in the state of IL that:
"It is illegal for a landlord to evict you, or set your possessions out without receiving without receiving a judgment for possession of the premises by a court."
"After the period in the notice has expired, the landlord must file a Forcible Entry and Detainer action, which is basically an eviction suit. Filing a Forcible Entry and Detainer action is the only way a landlord can make you move"
"If the eviction is for violating a provision in the lease, your landlord must give you a 10 day notice"
I also read that it is unlawful to enter your apartment without consent unless it is an emergency situation or court ordered.
I searched through the court systems database and no suit was filed against me.
I called them and spoke to the manager, quoted what I read from the Illinois Attorney Generals office for Tenant and Landlord Rights. They didn’t know how to respond and a regional manager will be contacting me within a few days.
If I want to take this to court, how would I go about doing so?
Also, my permanent address is in Cook County, but where my possessions were seized is in McLean county (2.5 hour drive)
Would I be able to file the suit in Cook County or do I have to do it through McLean Counry?
Also, is there anything else that I can do about this? One site recommended calling the Police or Sheriff if I was in the process of being evicted. I’m assuming that since they took all of my possessions it was an eviction that already occured.
Any advice would help greatly. Thanks!
The specific law that pertains to this situation, I believe is "It is illegal for a landlord to evict you OR set your possessions out without receiving a judgement for possession of the premises by a court"
Also, if this is not a conviction, would it be considered unlawful entry and/or theft of personal property? I believe that if this is technically not an eviction, my property should still be inside of my room. Am I correct?
You aren’t being evicted, you lease has ended. Not the same thing at all.
