Robert A. Cohen
Attorney at Law
P.O. Box 1934
Evanston, IL 60204-1934
(773)368-8175
robertcohenlaw@gmail.com
| My goal is to recover damages that you may be entitled to under the Chicago RLTO, the Evanston RLTO or Illinois Law. Cases move through the Illinois court system, and particularly the Circuit Court of Cook County, at a snail’s pace. In order to keep your case on track, cooperation is required from the tenant.
Landlord litigation cases are billed on an hourly basis, (inlcuding costs and court fees). Mixed flat fee/hourly fee arrangments are negotiable. Landlord counseling/lease review fees are charged typically on a flat rate basis. Tenant's having security deposit claims, after a free consultation, an in-person meeting will likely be scheduled to better evaluate the documents that will support or harm your case. If a meeting is scheduled, you will need to bring the following documents with you: |
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- A copy of the FRONT and BACK of your canceled check on which you paid both RENT and your SECURITY DEPOSIT (if you are making a claim for commingling)
- A copy of your lease(s) for the landlord you are making a claim against
- A copy of the check on which your landlord issued you a refund of your security deposit (if you are claiming an unlawful late return of your deposit
- Originals or copies of any and all receipts from your landlord concerning your rent, security deposit or interest credited to your security deposit. If any of these documents are in the form of emails, please print out copies
- Any letters or emails indicating that your landlord has sold or bought your apartment building
- Copies of any other receipts, emails or correspondence from or to your landlord made over the course of your lease.
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Whether a document helps or hurts your case, it is important that all of your documents are reviewed in order to make a full and accurate assessment of your potential case and whether your landlord can effectively fight and win against you.
There is no fee for an initial and in-person consultation. Tenant’s are usually only charged an upfront cost for filing their lawsuit and for service fees on the landlord. After payment for these court fees has been received, your lawsuit against your landlord will be drafted and filed with the Circuit Court.
After filing your lawsuit in the Circuit Court, the complaint and summons are next filed with the county sheriff (or by registered mail for small claims) and are served on your landlord. There are times when the sheriff is unable to locate a defendant and additional investigation and service attempts are required. Should this happen, a plan on how to move forward with your case will be discussed. The initial attempt at service by the sheriff typically takes 30-45 days.
A lawsuit can span many months. It is important that you keep your attorney aware of any changes to your contact information so that you can be notified of important court dates or settlement offers and that you cooperate if asked for information, documents or to appear at a hearing or trial. Doing so will ensure that your case moves forward as fast as the court system allows.
It is also important that you do not communicate directly with your landlord during your case. Your attorney will handle any communications with your landlord on your behalf in order to fully protect your legal rights.
Fees:
Under the Chicago and Evanston RLTO, if you prevail against your landlord, your landlord is responsible for paying your attorney’s fees. They can also be held responsible for your court costs. If it becomes necessary to take the deposition of your landlord, tenant's are solely responsible for these and other lawsuit related expenses. Any such expenses must be advanced up-front.
- Attorney’s fees from RLTO cases are paid for by the landlord if you win your case. In some circumstances or in certain types of cases, a retainer may be asked for. This includes a pre-lawsuit demand letter to your landlord. Retainer and other fee arrangements will be discussed during initial consultation.
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