State Specific Question About: ILLINOIS (IL)

We have 2 adults/2 children in a 1 bedroom unit. Regulations require more space. We will be telling them to wait for our 2 bd to become available (we have 5) or move when lease expires. They have been decent tenants. Pregnant with 2nd one when last lease was signed-we did not know this.

Any ideas or suggestions regarding how to handle this? We are sending a letter to increase 1 bd rent, and a month to month, until 2 bd becomes available. Of course, rent & SD will change when they move into larger apartment. Want this to be properly documented, so they clearly understand. Their English is not too good.

Id send a letter stating this many in a unit is illegal & give them the option of moving into the bigger unit. My guess if all is taken into consideration ur not making anything off this unit with this many in it anyway.

You can hardly count a newborn as a child. Maybe a 3 year old.

There is a 3 yr old and 1 yr old. Regulations state not enough square fee, After 2nd was born.

I am curious -- which "regulations" make this illegal? Is this IL state law? Or something more local?

Also, what does "we are not making enough money" have to do with this? Are you trying to get them out because of legal issues or your own money issues?

Just curious.

- John...

Building regulations in our town.

Someone mentioned the money above.

I am not concerned about the money as much as I am the wear and tear on 4 people in a small space. Regulations are based on Bedroom sizes only.

Tenants are good renters, but this is pushing it.

JM....Yes, you CAN count the newborn as a child since it actually IS a child.

Regulation is maximum 3 people in a one bedroom apartment, but some people are used to live like that.

I've always been curious about the legal ramifications of BOTH sides of this. I mean, here's an example:

Couple with one child rents a 1-BR unit completely legally. They sign a 1-year lease. Couples gets pregnant the day after the move in. 9 months later, twins are born. There are now 5 people living in a 1-BR unit that, by local law, only allows for 3 people.

Can you even RENEW if you WANTED to at the end of that 1-year lease? Can you "convert to MTM and raise the rent" as suggested by some above? If so, aren't you then knowingly renting it illegally?

Heck, at month 10, aren't you then knowingly renting it illegally?? Does local law override the fixed-term lease?

Again, just always been curious about this sort of thing... Most of the talk above is about what the LL WANTS to do -- but what do they HAVE to do? What are our legal responsibilities here when we have someone knowingly in violation of the local housing regulations?

- John...

Thanks for all the good info. My plan is to not renew another lease, go month to month, with increased rent. Let them know when 2 bedroom becomes available. If they decide to not take it-I will give them notice.

So -- the decision here by most is that it is fine to continue to rent a unit that you know violates local code -- but you'll move them to your bigger unit for more money when it opens up??

Seems odd to me -- you are upset that they have too many people according to local legal requirements -- but the "solution" is to only do something about it if you can charge them more somewhere else.

It's either a violation or it isn't. It seems odd to me to go "ok, I'll fix the violation, but only if I can put them somewhere else in my own units." I mean, either it is a code violation or it isn't, right? Shouldn't it NOT depend on whether or not we can get more money from them somewhere else if we're REALLY that concerned about it?

Again, this seems to be more about money -- than about any legal obligation to follow local housing regulations...

- John...

I agree with John Analysis: Either the tenants are in violation of the local ordinance and MUST cure this immediately or it’s not a violation

But To imply yes they are in violation or a local ordinance but it’s cool until the lease ends, doesn’t make legal sense

Do your township code officials inspect? If so, schedule one and let the tenants know the results. If there is a problem, the code people will let you know and you can pass that information on.

My concern would be with the noise level for other tenants.

Really Olde Miss Ally....

I have never involved the city and had it be good for me. EVER.

Looks OK.Cracked sink in bathroom that was brand new about 5 yrs ago. Brand new carpet installed this week due to a sewer back-up, not their fault.

Sure it will work out fine. They want to rent a 2 bd from us.

WOULD NEVER, EVER involve the city. Don't need them in my business.