When a Desire for Aesthetics Causes Zoning Complaints in Your Neighborhood

Naperville zoning lawyersOne might like to think that they can do whatever they want with their property, but as one Illinois family is learning, that is not always the case. After purchasing a swing set for their children and placing it in the front yard, someone filed a complaint and they received notice that they were in violation of the local zoning laws. Now they are at risk of being forced to remove the swing set and they may even incur fees – all because of neighborhood aesthetics. What can you do if faced with a similar situation? The following explains.

Why Zoning Laws Exist

In the right context, zoning laws can preserve communities. As an example, zoning laws do not permit industrial development in certain residential areas; this protects the community from noise and air pollution and preserves its aesthetics. Unfortunately, some communities can go overboard with their zoning laws. They become overly restrictive, prohibiting anything and everything that makes each home unique.

Such is the case with the family battling over a swing set.

The equipment is not affecting or harming anyone. It was purchased by the homeowner, placed on their property, and is not an eyesore or a hazard. Yet, if they do not comply with the order, they could be at risk for a forced removal and any associated costs. They could also incur hefty fines for ignoring the order. Thankfully, homeowners do have a few options in such situations.

Seeking a Zoning Variance or Exception

A zoning code variance or exception is exactly what it sounds like: an exception that allows one to deviate from the zoning laws. The problem with this is that variances and exceptions are not easy to obtain, nor are they free. Instead, homeowners must pay a fee and navigate through a legally complex process if they want to keep an item on their property that has been deemed in violation of the community’s zoning laws. That is why the assistance of an attorney is so crucial.

Contact Our Naperville Residential Zoning Law Attorneys

While it may seem counterproductive to hire an attorney for your residential zoning issues, doing so can offer numerous benefits to you and your family. First, an attorney can handle the legal aspects of your case. That means you can focus on work and family, rather than zoning and land use issues. Second, an attorney can aggressively protect your right to use your property in the way you see fit.

If you are experiencing a zoning or land use issue, contact Lindell & Tessitore, P.C. for assistance. Our seasoned Naperville residential zoning law attorneys will examine your situation, explain your options, and we can aggressively pursue the most favorable outcome. Call 630-778-3818 today.

Sources:

http://foxillinois.com/news/local/familys-swing-set-at-center-of-zoning-controversy-12-12-2017

http://www.kingcounty.gov/depts/permitting-environmental-review/info/applying/fees.aspx

Tenant-Landlord Disputes – Actions That Can and Cannot Be Taken by a Landlord or Tenant

Naperville landlord-tenant dispute lawyersWhile most tenant-landlord relationships end with little fanfare, there are situations in which one must take some form of action against the other. For example, a landlord that has denied a tenant of suitable living conditions may be held legally liable for their actions. In contrast, a tenant who has failed to pay their rent may be evicted through legal action. The following information explains those actions, and it provides details on actions that cannot be taken by either a landlord or tenant. You shall also learn how the assistance of an experienced attorney could improve the outcome of your landlord-tenant dispute.

Permitted and Restricted Actions for Tenants

When a landlord is in default of the lease, tenants have only a few permitted actions they can take. If the residence is uninhabitable, or if the landlord is refusing to make repairs that have caused the property to become unfit (Chicago only), the tenant may then file an official complaint with the landlord. While this is nothing more than a letter that states your concerns and intentions, should the landlord fail to make the appropriate repairs, it

Tenants may also file a small claim with the court to recover monetary damages that they may have lost (i.e. an unreturned security deposit).

Tenants cannot withhold rent from their landlord, nor may they deduct the cost of repairs from their rent without gaining approval from the landlord. Such actions could lead to recourse against the tenant, including and up to eviction from the property. To avoid such actions against you, contact an experienced attorney about your landlord-tenant dispute.

Permitted and Restricted Actions for Landlords

Like tenants, landlords have only a few options for recourse, should the tenant break their lease. The major difference though is that, as the property owner, one has more reasons for pursuing compensation for monetary damages.  For example, a landlord may file a claim with the court to recover damage to their property and the early termination of a lease. However, a tenant cannot sue the landlord for loss of property if they are rightfully evicted.

Landlords cannot wrongfully evict a tenant. Instead, there must be a valid reason (i.e. breaking of the lease), and even then, there is a process that must be followed. Failure to do so could give the tenant legal ammunition that can be used against the landlord in various settings. For example, if the landlord has attempted to evict the tenant by shutting off their electricity, the tenant may then seek damages from the landlord.

Contact Our Naperville Landlord-Tenant Dispute Lawyers

If you or someone you know is experiencing an issue with a landlord or tenant, contact Lindell & Tessitore, P.C. for assistance. We can assist you in taking proper legal action to recover any damages that you may have experienced. Our seasoned Naperville landlord-tenant dispute lawyers may also be able to help you resolve matters before they get out of hand. Schedule your personalized, no-obligation consultation by calling 630-778-3818 today.

Sources:

http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant%20Rights%20in%20IL.pdf

http://articles.chicagotribune.com/2008-12-14/news/0812110972_1_landlord-rent-tenant-rights

Technology and the Commercial Real Estate Market – How Things Have Changed and What Lies Ahead

Naperville commercial real estate lawyersTechnology has impacted every major industry in the world, including the commercial real estate market – but how? Do the changes affect everyone in the CRE sector or just some people? Also, what can investors expect in the future? The following information explores the answers to these questions, and it provides details on where you can find quality assistance to meet your commercial real estate and investment needs.

How Shifts in Purchasing Behavior Are Affecting CRE

If you have noticed that you are buying more things online and fewer things at the store, you are not alone. In fact, most Americans can say the same thing. What does all this have to do with CRE? Investors who once built shopping malls and shopping centers are struggling, but many who have purchased warehouse space are seeing a boom.

The Need for Improved Data Collection and Communication

Investors in the residential real estate market have easy-to-use applications that they can use while at home or on the go. Sadly, investors in CRE do not have the same luxury. As an industry that has relied heavily on phone calls, emails, spreadsheets, and clunky software, CRE is sitting stagnant when it comes to tech. However, most investors would welcome applications that make the day-to-day tasks of running their business easier. At the very least, investors could collect and use data that pertains directly to their market or portfolio with less confusion (preferably in real-time).

CRE is Now a “Competitive Market”

Although CRE lags severely in its tech-friendly applications and software programs, it has grown into quite the competitive market. In fact, investors are now finding that they must act quickly when they spot a property they want. That makes having an attorney on-the-ready almost crucial to the future success of their business – especially since negotiations now tend to tilt more toward the seller’s favor in today’s competitive market. Investors are also encouraged to watch trends and think outside the box, as doing so could help spark a money-making idea or location that no one else has thought of yet.

Contact Our Naperville Commercial Real Estate Lawyers

At Lindell & Tessitore, P.C., we have the skills and experience you need for your next real estate transaction. Whether it is receiving assistance with due diligence, having us review a CRE contract, or assisting you with zoning ordinances, our Naperville commercial real estate lawyers protect the financial future and interests of your investment business. Start now by scheduling a personalized consultation. Call 630-778-3818 today.

Source:

https://www.forbes.com/sites/theyec/2015/11/19/four-trends-that-are-reshaping-the-commercial-real-estate-industry/2/#541f3c2d63a0

Commercial Real Estate Booming Across the Country – Does It Suggest an Uptick for Illinois?

Naperville commercial real estate lawyersThe commercial real estate market is booming all throughout the country, but does that necessarily mean that Illinois is in for a boom of its own? Not in the least. In fact, even novice trend predictors will tell you that you cannot make buying decisions based on trends alone. Instead, a wide array of variables must be considered – and some of them may be unique to the state, county, or city in which you wish to buy or develop property. So, whether it is zoning laws, market trends, or population growth projections that are encouraging you to examine Illinois, consider the following tips for deciding if this area may be right for your next project. You shall also learn what an experienced real estate attorney can do to ensure your best interests are protected.

Taking a Closer Look Commercial Real Estate “Boom”

Although some states are experiencing a clear boom in their commercial real estate market, most are struggling to keep their malls and warehouses full and open. Offices and stores remain unrented, especially the ones located in a less-than-prime spot. Apartments, particularly in metropolitan areas, also seem to have a lower demand than most investors would like. All this has caused the CRE market to stall in many places – including Chicago.

The market is not falling, but there is more competition. It is becoming a renter’s market – especially in the apartment sector – and that can, in some ways, be a good thing. It encourages fair prices for renters. It also creates a situation in which smart investors can set themselves up for long-term (and potentially even life-long) success.

Using the CRE Market Trends to Your Advantage

While, broadly speaking, the CRE market in America is decelerating rather than contracting, there are some smart investments that one can make for the future. For example, one could invest in suburban areas. These areas, which have seen a significant uptick in the state of Illinois – especially around major cities like Chicago – are more affordable for the working family population. Many of them drive in and out of the city to work, but their day-to-day lives are lived in tiny community-like settings. Give them what they want within the community and you create jobs, homes, and opportunities, all while improving your portfolio.

Apartments and office spaces, though vacant in some areas, may be listed at a price that is more favorable for buyers in the upcoming years. Though there would be no way to predict when a return might come, one can almost count on there being an eventual uptick. After all, people will always need a home or a place to run their business.

In short, look for the areas where you can use the market trends to your advantage. Better yet, see what no one else sees – the one thing that could set you up for the rest of your life. While you are at it, ensure you have an experienced attorney on your side, negotiating the best terms and ensuring that your due diligence has been done efficiently, effectively, and with your best interests in mind.

Contact Our Naperville Commercial Real Estate Lawyers

At Lindell & Tessitore, P.C., we understand what is at stake during an investment and we work hard to ensure your rights and best interests are protected throughout the entire transaction process. We can also assist with zoning issues, landlord-tenant disputes, and much more. Get the dedicated assistance that you deserve before starting your next project. Call 630-778-3818 and schedule a consultation with our Naperville commercial real estate lawyers today.

Sources:

http://www.postandcourier.com/business/charleston-s-commercial-real-estate-market-is-on-fire-and/article_e0a98a0e-a454-11e7-9f12-2767b6bd72c5.html

http://www.nhbr.com/October-27-2017/Continued-moderate-growth-seen-for-commercial-real-estate-market/

https://www.constructiondive.com/news/report-us-commercial-real-estate-to-grow-through-2019/507131/

http://www.chicagobusiness.com/article/20171103/ISSUE01/171109928/is-chicagos-real-estate-bull-market-running-out-of-steam

Dealing with Environmental Issues in Your CRE Development Project

Naperville commercial real estate attorneysEnvironmental issues can arise in any real estate transaction, but their potential consequences are often most severe in commercial real estate (CRE) settings. Part of the reason for this is simple: CRE projects involve more time, money, and resources. However, there are some additional obstacles that CRE investors may face when dealing with environmental issues. Learn how to mitigate against such issues in the following sections, and discover how an experienced real estate attorney can help protect your interests in your next CRE development project.

Common Environmental Concerns in CRE Development

Environmental concerns in CRE development projects can include soil and water contaminants, building contaminants, and noxious gas or vapor contaminants. Mold, lead, asbestos, and radon are some of the most commonly seen contaminants in real estate. Contamination may originate either onsite (from the activities of builders and previous owners) or off-site (contaminants that have leeched or been brought onto the work site).

Due Diligence and Environmental Issues

By performing due diligence, CRE project developers can ensure that environmental concerns are detected and addressed before a developer become legally liable for the property. However, one must keep in mind that environmental assessments in CRE projects do not address all environmental concerns. Instead, these assessments focus primarily on the release of toxic contaminants into the environment. Developers can obtain more protection against litigation and potential financial loss in a CRE project by knowing what to look for and where to ask for help.

Failure to Diagnose Environmental Problems

While it is preferable if a CRE developer or investor learns of contaminants prior to the completion of a transaction, all may not be lost if the deal has gone through and contaminants have been found. Individuals can create a detailed plan of action with help from environmental experts, land surveyors, and their attorney. The benefit to this is a more organized removal of contaminants, which can decrease the risk of litigation, personal injury, and costly project delays.

Contact Our Naperville Real Estate Development Lawyers

Whether you are looking at a possible commercial real estate development project and need assistance with due diligence, or have discovered contaminants on your recently purchased process, Lindell & Tessitore, P.C. can help. No matter what the situation, our seasoned Naperville real estate development lawyers strive for the outcome that protects your financial interests. Get the assistance and experience that you deserve. Schedule a personalized consultation by calling 630-778-3818 today.

Source:

https://www.researchgate.net/publication/280976419_Effects_of_Asbestos_on_Commercial_Real_Estate_A_Survey_of_MAI_Appraisers

https://www.epa.gov/lead/real-estate-disclosure#propertyml

http://www.ct.gov/dph/lib/dph/environmental_health/eoha/pdf/moldguidance_insurance.pdf