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Old 05-20-2009, 06:46 PM
 
3 posts, read 11,905 times
Reputation: 10

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About 1 1/2 years ago my friend married and divorced her husband after finding out he was an illegal alien who'd been deported 3x's. About 6 months later there divorce was finalized. Her lease was up and he refused to leave the apartment. She didn't want to cause havoc. Her rent on Section 8 went up when he moved in and she was nervous about his making problems for her so she was planning on just moving without telling him. The twist came when her 3 and 4 year old daughters came forward and claimed they were molested by him. Shortly after her 13 year old daughter came forward as well. He was arrested and placed in jail, my friend decided to renew her lease with the landlord thinking he would be jailed for a long time. The only problem was that the man has money and ties in Mexico, when I knew him he was always working full time and helping her. His parents sent him money (they own a business in Mexico) and he bailed out on a $100,000 bond ($10,000) and now is a fugitive. There is a bounty hunter looking for him and since than we've been hopeful he would be found and brought to justice.

In March, my friend had just signed the lease and renewed her SECTION 8 VOUCHER. On the very same day, she was sitting in the home and a brick came thru the front window of her home. She immedietly called police and left to a hotel. When she came home the next day there was a message with a voice she didn't recognize that told her "Move or You're Dead."

She than called Section 8 and was told if her landlord was willing she could cancel the lease since it hadn't been 24 hours since she signed it. She spoke with her landlord and he agreed. We don't know if its her husband because the neighbors were mad that she called the police on them when they were shooting guns outside and drinking in public.

She started looking for a home right away and was surprised when no landlords were contacting her back. Her credit is great and we thought she wouldn't have a problem relocating to a new neighborhood where her x wouldn't find her and she wouldn't have to deal with the neighbors. So we suspected the landlord might be sabotaging her. We were right, she had her aunt who is a realtor call and ask the landlord whatever questions they normally ask. He gave her the worst reference and spoke of the "kids who were molested" and that she fights with all the tenants (keep in mind it was the neighbors shooting off guns, she has a right to call in my opinion).

She has never been late on her rent, never been late on a bill, and has outstanding credit. When she confronted the landlord about the bad reference and her personal info that he gave regarding her daughters he admitted he said that but that he was just mad because she's moving and he doesn't think he'll be able to rent the apartment for as much money. She is asking for receipts now when she pays, something which is he mad about "becauz she never did before and he thought they were friends." I told her under the circumstances she needs to make sure that she is careful because without a receipt they could claim anything and she has a habit of being too nice to him, she's been his tenant 7 years. Everyone else has only lived there about 6 months, he has a lot of tenants that leave after there lease is up.

She's currently living with mattresses against every window, has alarms on the doors, and sits up all night talking to me on the phone cause she cannot sleep. Her car tires were slashed yesterday and it sounds like someone is on her home phone when she calls me so she only uses her cell phone.

We're about to have her previous landlord give the reference and just not give him out. Is it legal for him to do this? The apartment has always been well kept and she pays on time. However someone is after her and its not safe for her to stay. She's now planning on moving by me if she isn't approved for this next apartment she applied for, because she is afraid if its her x he'll look for her in Chicago. She's also working on changing their names, I feel bad for her but her landlord is just making it worse for both of them.
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Old 05-20-2009, 09:56 PM
 
28,455 posts, read 85,361,596 times
Reputation: 18728
Jerry Springer had his last taping in Chicago. Jerry Springer wraps up his tenure in Chicago before leaving for Connecticut -- chicagotribune.com

I have no idea if these are related...
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Old 05-20-2009, 10:19 PM
 
Location: B'ham
295 posts, read 837,768 times
Reputation: 299
Quote:
Originally Posted by chet everett View Post
Jerry Springer had his last taping in Chicago. Jerry Springer wraps up his tenure in Chicago before leaving for Connecticut -- chicagotribune.com

I have no idea if these are related...
Oh, that's helpful .

Your friend was right, Illinois law states that any real estate contract is valid and enforceable after a 72-hour period. Since, your friend broke the contract within 24 hours, legally she is right. Also, anyone who calls a landlord for a reference should only be asking 3 questions:

1. Does the prospective tenant live there?
2. Does the tenant pay their rent on time?
3. Have there been any problems/issues?

The last questions is meant to read "are there any problems between you (landlord) and the tenant regarding the lease or property?" Personal issues should not be brought up during the inquiry. Unless your friend's issue has somehow damaged the property or caused your landlord to lose capital, then what he is doing could be a violation of fair housing laws. However, if the landlord only owns this one property, he may not be subject to follow fair housing laws, hence, it's not enforceable. So you're kinda in between a rock and a hard place.

Here's what you friend can do. She can try and compromise with the landlord, offering to find him another good tenant in return for a good reference. If that doesn't work, she can point out her good credit and let prospective landlords know that she is currently having an issue in her neighborhood/landlord due to her calling the police. (If she has a copy of the police report, that would be awesome) Many responsible landlords will view her as merely a concerned citizen. Your friend should also be willing to put down 2 months security deposit if possible. This will show the owners that she is serious about moving and establish a little more faith in her.
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Old 05-20-2009, 10:33 PM
 
28,455 posts, read 85,361,596 times
Reputation: 18728
Default Real life, real problems.

A landlord is within their legal right to refuse to rent to anyone if the reason for that refusal is not related to Sec. 804. [42 U.S.C. 3604] (a) Civil Rights Division Home Page

Any landlord that does not care if the tenants have been involved in things that disturb / endanger others will eventually have tenants that DO disturb & endanger a lot of people.

You cannot hold a former landlord for defamation / slander it the things they say are truthful: Defamation, Libel and Slander Law Nor can the 'opinion' of a landlord be the grounds for any action.

I hope the OP's friend gets her life to a more peaceful state, and that everything works out, but I suspect there is very little that the OP can do to help...
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Old 05-23-2009, 12:26 PM
 
3 posts, read 11,905 times
Reputation: 10
Okay good at least I can offer an option for her. She just spoke with a landlord who is willing to except her based on her circumstances. Its a woman so I think that really helps her out, a little more understanding. I'm so happy now they're waiting for the inspection to come up. Now her current landlord is fixing all the things he refused to fix, like the front door lock to the building and so on. He's telling her if she moves that he will go into foreclosure, my friend just thinks he's trying to put her on a guilt trip. She told him she'd stay but she hasn't slept soundly in months, its not safe for her kids. During the day when her kids are at school she never comes to the house, she's just too fearful to be alone. She lives not far from Triton College so anyone who knows that area also knows the apartments go fast. I told her not to worry but I think the wait is hard on her. Once the inspection goes thru I'm sure she will have no problem moving. Thank you for the advice everyone.
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