Presentation on theme: "LANDLORD TENANT LAW. Subject Matters Discussed Entering into Landlord / Tenant Relationship Laws that govern Laws and Procedures regarding the eviction."— Presentation transcript:
LANDLORD TENANT LAW
Subject Matters Discussed Entering into Landlord / Tenant Relationship Laws that govern Laws and Procedures regarding the eviction Collection Process Areas of Interest concerning the entire process
What laws apply to the Landlord / Tenant Relationship Basic Contract Law -Offer and Acceptance -Meeting of the Minds -Consideration
What laws apply to the Landlord Tenant Relationship State Laws -Rental Property Utility Service Act (765 ILCS 735/1) -Retaliatory Eviction Act (765 ILCS 720/1) -Security Deposit Return Act (765 ILCS 710/1) -Security Deposit Interest Act (765 ILCS 715/1) -Illinois Human Rights Act (775 ILCS 5/1-101)
What laws apply to the Landlord Tenant Relationship Federal Laws -United States Housing Act of 1937 -Fair Housing Act of 1964 -Section 504 of the Rehabilitation Act of 1973 -Civil Rights Act -American with Disabilities Act -Safe Homes Act -Violence Against Women Act
Landlord / Tenant Relationship is just that... a Relationship but with -contractual rights (offer and acceptance, meeting of the minds, consideration) -responsibilities and -obligations Accordingly, it is not uncommon for the Landlord / Tenant Relationship to go through phases -Courtship (Screening / Application Process) -Honeymoon (During the Tenancy) -Breakup (Eviction Process)
Courtship (Screening / Application Process) The call The showing The sweet talking / wine and dine Consummation of the deal =>This is where the screening process is so valuable!!! Ex) Before you get married did you talk about issues such as kids, career, future plans, goals, etc. Ex) Buying a car, do you buy a car without test driving it first
Obtain as much information as possible Screening Process -Have an application to fill out -Ask for and obtain as much information as possible -Background Checks -Credit Reports -Landlord Associations -Check your local Circuit Clerk web sites (judici.com)
Execution of lease Written Lease is a must Provisions with the written lease -length of lease -monthly rent and when due -security deposit amount and whether it has been paid -quiet and enjoyment -illegal activity -drug activity -notice of violation of lease -attorney fees -language referring to the Violence Against Women Act
Lease provisions that are worthless Late fee provision that is excessive and unconscionable Violation of public policy -waiver of application of any state laws or ordinances -waiver of implied warranty of habitability -waiver of right to notice of violation of lease -waiver of return of security deposit -waiver of right to jury trial (735 ILCS 5/9-108) -the right to conduct in self-help eviction remedies -Confession of Judgment Clause (735 ILCS 5/2-1301( c ))
Honeymoon (During the Tenancy) Obligations of Landlord -maintain dwelling units in a safe and sanitary condition; -comply with requirements of applicable building codes, housing codes, and HUD regulations (if receiving federally subsidized money) materially affecting health and safety; -make all necessary repairs to the dwelling units; -maintain all buildings, facilities, and common areas in a clean and safe condition; -maintain all electrical, plumbing, sanitary, heating, ventilation, and provided appliances in good, safe, and working order
If any of these obligations are not being undertaken then Tenant may assert their rights in any of the following methods Cause of action for a landlords breach An Affirmative Defense to an eviction A Counterclaim in an eviction An Equitable Counterclaim seeking specific performance
Implied Warranty of Habitability This warranty requires generally that a lessor maintain a residential unit in substantial compliance with applicable building codes or in a fit and habitable condition. The Illinois Supreme Court recognized in 1972 that a breach of the Implied Warranty of Habitability is a defense to an eviction action. Jack Spring Inc. v. Little, 50 Ill.2d 351, 280 N.E.2d 208 (1972). In jurisdictions with building codes, the implied warranty of habitability is fulfilled by substantial compliance with these codes. Whether the landlord has complied with applicable building codes is a question of fact. The tenant bears the burden of proof when trying to establish a defense on an alleged breach of the Warranty of Habitability. Measure of Damages: -rescission of contract -reformation of contract -money damages -Difference in Value approach -Percentage Reduction approach Note that the doctrine of Implied Warranty of Habitability applies to defects in the common areas and is not limited to the tenants individual apartment. Jarrell v. Hartman, 48 Ill. App. 3d 985, 363 N.E.2d 370 (4 th Dist. 1977).
Constructive Eviction A serious and substantial nature done by the landlord with the intent of depriving the tenant of beneficial enjoyment of the premises that results in the tenant vacating the premises. The wrongful act of the landlord may result from the landlords failure or refusal to perform the conditions under the lease. Whether a tenant has been constructively evicted is a question of fact. There need not be an express intent to deprive the tenant of the premises, such an intent will be presumed from the acts of the landlord. Tenant must notify or attempt to notify landlord and give landlord a reasonable opportunity to cure. A tenant is not liable for rent accruing after the date of the constructive eviction has been deemed to be in existence.
Rights and Responsibilities of Tenant Pay rent Follow terms and conditions of lease
Divorce (Breakup) Tenant violated term and condition of lease, MUST GIVE NOTICE!!! Types of Notices 1.5 Day Notice (failure to pay rent) (for public housing this is 14 Day Notice) -easiest method to proceed under -did they pay or not -Full payment tendered you MUST accept it -Partial Payment tendered not required to accept it, nor will receipt of it forego their remaining liability to pay nor waive your right to proceed (Caveat: Know your judge!!!) -A demand notice may include more than just rent (i.e. late fees, utilities, taxes, ins. ) American Management Consultant LLC v. Carter, 915 N.E.2d 411, 392 Ill. App. 3d 39 (3 rd Dist. 2009)
Types of Notices (Continued) 2.10 Day Notice (violation of t/c of lease) (for public housing this is a 30 Day Notice) (breach needs to be substantial and material ) 3.30 Day Notice (no lease and you want to terminate the tenancy relationship, or they are a hold-over tenant (meaning they have stayed longer than the term of their previous written lease and you have not yet executed a new written lease) 4.60 Day Notice (lease requires this in anticipation of upcoming expiring lease) 5.5 Day Notice Pursuant to Controlled Substance and Cannabis Nuisance Act (740 ILCS 40/11) (in public housing the equivalent is the Zero Tolerance Rule)
Controlled Substance and Cannabis Nuisance Act (740 ILCS 40/11) (a) If any lessee or occupant, on one or more occasions, shall use leased premises for the purpose of unlawful possessing, serving, storing, manufacturing, cultivating, delivering, using, selling or giving away controlled substances or shall permit them to be used for any such purposes, the lease or contract for letting such premises shall, at the option of the lessor or the lessors assignee, become void, and the owner or the owners assignee may notify the lessee or occupant to vacate the lease premises on or before a date 5 days after the giving of the notice. (b) If a controlled substance is found or used anywhere in the premises of an apartment, there is a rebuttable presumption that the controlled substance was either used or possessed by a lessee or occupant or that a lessee or occupant permitted the premises to be used for that use or possession. A person shall not forfeit his or her security deposit or any part of the security deposit due solely to an eviction under the provisions of the Act.
Method of Service of Notice Personal Service is the best Abode Service is acceptable if on a resident that resides in the premises who is in excess of 13 years of age By mail if certified
Procedural Notes After service of Notice Wait the full time period set forth on the Notice or else your case will be thrown out of court (Jurisdictional Requirement) For Public Housing, allow for procedures governing Grievance File a Forcible Entry and Detainer Complaint (fancy way of saying Eviction) Once Complaint is filed, the Tenant, or now Defendant, must be served with the Complaint and a Summons, which is simply a piece of paper that tells the Defendant when he has to be in court, where, and the time Method of Service of the Complaint -Personal Service -Abode Service -Constructive Service (Posting / Publishing) (TALK TO YOUR ATTORNEY) First Appearance (know the procedure the local court uses) Trial Judgment……………………………………………….SO WHAT!!!!!
Collection Process Methods of Collecting a Judgment 1. Wage Garnishment (from employer of employees wages) 2. Non-Wage Garnishment (from bank out of checking or savings account) 3. Tax Refund 4. Voluntary Payment Order 5. Distress Warrant => Be mindful of the Fair Debt Collection Act!!!
Obstacles to collecting your judgment Judgment Proof Defendant Bankruptcy Claims for Exemptions
Exemptions (735 ILCS 5/12-1001) (a) necessary wearing apparel, bible, school books, and family pictures; (b) debtors equity interest, not to exceed $4,000 in value, of any property; ( c) debtors interest, not to exceed $2,400 in value, in any one motor vehicle; (d) debtors equity interest, not to exceed $1,500 in value, in any professional books, or tools of the trade; (e) professionally prescribed health aids for the debtor; (f) life insurance proceeds; (g) debtors right to receive (1) social security benefit, unemployment compensation, or public assistance; (2) veterans benefit; (3) disability benefit; (4) alimony, support, or separate maintenance for the support of the debtor; (h) debtors right to receive, or property traceable to: (several other areas that define exempt property)
Revival of Judgment (735 ILCS 5/12-101) Statute of limitations is 7 years Provides, however, that judgment may be revived at any time within twenty years from the date the judgment was entered
Areas of Interest Security Deposits Carbon Monoxide Alarm Detector Act Holdover Tenant Civil Bad Check Liability Statute Elderly and Disabled Tenants Rights Section 504 of the Rehabilitation Act of 1973 Safe Homes Act Violence Against Womens Act
Security Deposits G/R => Tenant entitled to refund of entire amount of Security Deposit minus normal wear and tear G/R => If the condition of the premises is not left the same, the landlord may hold the tenant liable for the costs of returning the premises to such condition as allows the premises to be re-rented Issues:-what is normal wear and tear -can you redecorate, repaint, new carpet, etc., every time - NO
Security Deposit Return Act (765 ILCS 710/1) A lessor of residential real property, containing 5 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the lease property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person, by mail directed to his last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement if the lessor utilizes his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises. Upon finding by a circuit court that a lessor has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has failed or refused to return the money of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney fees.
=>This section only applies where part or all of the security deposit is retained for claimed property damage. If there is a good faith dispute for something other than property damage then this section does not apply. Ex) If a landlord withheld the deposit as a set-off against damages which it considered due based on an alleged breach of the lease, then if the court agrees with landlord, the section will not apply. Applegate v. Inland Real Estate Corporation, 109 Ill. App. 3d 986, 441 N.E.2d 379 (2 nd Dist. 1982); Hayward v. Tinervin, 123 Ill. App. 3d 302, 462 N.E.2d 896 (4 th Dist. 1984) (Burden of proof as to the reason the money is being withheld is on the landlord) Ikari v. Mason Properties, 314 Ill. App. 3d 222, 731 N.E.2d 975, 247 Ill. Dec. 202 (2 nd Dist. 2000). =>Twice the amount of the security deposit due only applies to the amount of the security deposit withheld, not the entire amount of the security deposit Ikari v. Mason Properties, 314 Ill. App. 3d 222, 731 N.E.2d 975, 247 Ill. Dec. 202 (2 nd Dist. 2000). =>These provisions cannot be waived even if there is a waiver clause or provision in the lease that was signed by the parties. Wang v. Williams, 343 Ill. App. 3d 495, 797 N.E.2d 179 (5 th Dist. 2003). =>Rationale = benefit of the general public and thus public policy
Security Deposit Interest Act (765 ILCS 715/1) A lessor of residential real property, containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property, who receives a security deposit from a lessee to secure the payment of rent or compensation for damage to property shall pay interest to the lessee computed from the date of the deposit at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the calendar year immediately preceding the inception of the rental agreement on any deposit held by the lessor for more than 6 months. (765 ILCS 715/2) The lessor shall, within 30 days after the end of each 12 month rental period, pay to the lessee any interest, by cash or credit to be applied to rent due, except when the lessee is in default under the terms of the lease. A lessor who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he has willfully failed or refused to together with court costs and reasonable attorneys fees. (765 ILCS 715/3) This Act does not apply to any deposit made with respect to public housing.
Carbon Monoxide Alarm Detector Act (430 ILCS 135/10) Primary features of law are: Every dwelling unit must be equipped with at least one operable carbon monoxide alarm within 15 feet of every room used for sleeping purposes. The alarm may be combined with smoke detecting devices provided the unit complies with respective standards and the alarm differentiates the hazard. A "dwelling unit" means a room or suite of rooms used for human habitation, and includes single family residences, multiple family residences, and mixed use buildings. If a structure contains more than one "dwelling unit," an alarm must be installed within 15 feet of every sleeping room in each "dwelling unit." The owner must supply and install all required alarms. A landlord must ensure that the alarms are operable on the date of initiation of a lease. The tenant is responsible for testing and maintaining the alarm after the lease commences.
Carbon Monoxide Alarm Detector Act (Continued) A landlord is required to furnish one tenant per dwelling unit with written information regarding alarm testing and maintenance. The carbon monoxide alarms required under this Act may be either battery powered, plug-in with battery back-up, or wired into the structures AC power line with secondary battery back-up. Willful failure to install or maintain in operating condition any alarm is a Class B criminal misdemeanor. Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed carbon monoxide alarm, except in the course of inspection, maintenance, or replacement of the alarm, is a Class A misdemeanor in the case of a first conviction and a Class 4 felony in the case of a second subsequent conviction. The Act does exempt certain residential units from the requirement. Those residential units in a building that (i) does not rely on combustion of fossil fuel for heat, ventilation or hot water; (ii) is not connected to a garage; and (iii) is not sufficiently close to any ventilated source of carbon monoxide to receive carbon monoxide from that source OR a residential unit that is not sufficiently close to any source of carbon monoxide so as to be at risk of receiving carbon monoxide from that source, as determined by the local building commissioner shall NOT require carbon monoxide detectors.
Holding Over After Notice 735 ILCS 5/9-202) If any tenant gives notice of his or her intention to quit the premises which are held by him or her, at a time mentioned in such notice, at which time the tenant would have a right to quit by the lease, and does not accordingly deliver up possession thereof, such tenant shall pay to the landlord or lessor double the rent or sum which would otherwise be due, to be collected in the same manner as the rent otherwise due should have been collected. -Not applicable to a case where the Plaintiff terminated the lease -Only applicable when the tenant holds over after the expiration of the lease term -If you orally agree to allow tenant to stay an extra month not going to be allowed -If you accept monthly amount consistent with previous rental agreement not going to be allowed
Collection of Bad Check Civil Bad Check Liability Statute (720 ILCS 5/17 1a) -Written Notice -Proof of Service -30 Days to make payment -Liability for 3X amount of check -Liability for attorney fees, court costs => Be mindful of the Fair Debt Collection Act!!!
Elderly and Disabled Tenants Right to have a pet The amendments to the 1983 Housing Act allow tenants to have a pet as long as they live in federally subsidized housing for elderly and handicapped tenants. 12 U.S.C. § 1701r-1. HUD has issued guidelines that regulate the keeping of the pet. 24 C.F.R. § 5.300. -tenant must inform management of the pet; -pet must not disturb neighbors or damage building; -tenant must be informed of rules that apply; -tenant may be required to post an additional security deposit;
Section 504 of the Rehabilitation Act of 1973 (Reasonable Accommodations) The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, family status, and disability. One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. The Act defines a person with a disability to include: (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.
Safe Homes Act Problems Prior to Safe Homes Act -A tenant who was a victim of domestic or sexual violence had no way to leave unsafe rental housing without paying for the rest of the lease unless the landlord agreed to let them end their lease early -Before the passage of the Safe Homes Act, victims who fled unsafe apartments could still be liable for rent and damages accrued after their departure
Purpose of the Safe Homes Act To enable victims of domestic and sexual violence and their families to flee existing dangerous rental housing or make their current housing safe.
What Does the Safe Homes Act Do This law allows tenants and members of their households who have suffered violence to -Vacate their housing and terminate the lease early to protect their physical safety and emotional well-being. -Require Landlords to change the locks on an emergency basis to keep the perpetrator out of the home.
What Type of Housing is Covered All private-market rental housing regardless of size All subsidized rental housing, including Section 8 Housing Choice Vouchers and project based housing Public Housing is NOT covered by the Safe Homes Act
Ending the Lease Early – Domestic Violence and Sexual Violence For Oral or Written leases: A tenant or any member of their household who is a victim of violence can end their lease early, even if the perpetrator is a member of the household, if: -There is credible imminent threat of future harm -The incident will occur on the premises -The tenant provides written notice of their fear of future harm to the landlord or property manager 3 days before or after they vacate the residence -No additional proof is required
Credible Imminent Threat The abuser comes to the tenant or household members job and they fear the abuser will come to their home A stalker stands across the street from the tenant or household members apartment An abusive ex-boyfriend finds out where the tenant lives The tenant is sexually assaulted on the premises and the perpetrator has not been caught by the police
Ending the Lease Early For Oral or Written Leases Sexual violence victims can leave their apartment early, even if they CANNOT show a credible imminent threat of future harm if: -The sexual assault occurred on the premises AND -They provide written notice 3 days before or after leaving the premises, PLUS -Evidence of the sexual assault within 60 days or as soon as possible (ex. Police report, medical records, court records, or statement from victim services organization)
On the Premises Can be anywhere in or around the building -ex) hallway, laundry room, backyard, garage, parking lot, street, sidewalk In the case of a stalker, if the stalker is stationed across the street -If the perpetrator knows the area where the victim lives there is a threat of harm on the premises
Written Notice Examples of acceptable description of credible imminent threat in written notice: -My husband just got out of jail and found out where I live. He said he would find me and kill me. I have to leave with my kids. -My boyfriend sexually assaulted me in my apartment last night and I dont feel safe here anymore. I plan to leave as soon as possible.
Tips on Ending Your Lease Early Victims must remove all of their belongings and surrender the keys to the landlord or property manager. This shows that they have given up the apartment. Victims should be sure to indicate the date that they are sending the letter. Victims should keep a copy of the written notice. Victims with Section 8 vouchers should notify their local housing authority administrator immediately of their intent to use the Safe Homes Act.
Protections in Civil Court If a landlord sues the victim for the remainder of rent due after the victim has moved, the Safe Homes Act is an affirmative defense. If the victim has properly exercised their rights under the Safe Homes Act, the victim does not owe the rent that accrued after leaving the apartment. NOTE: Victims court costs and attorney fees are NOT covered.
Lock Changes: Written Leases, Perpetrator NOT on Lease Victims with written leases where the perpetrator is NOT on the lease can ask for a lock change from their landlords: -Request must be from all parties on the lease -Request must be in writing and due to credible imminent threat of violence against a tenant or a member of the tenants household -Notice must include one form of evidence ex) police report, medical records, statement from victim services organization
Lock Changes: Written Leases, Perpetrator On the Lease If perpetrator is on the written lease, required notice to the landlord requesting lock change must include: -A request from all parties on the lease except the perpetrator or person posing threat of violence -Request must be in writing and due to credible imminent threat of violence against a tenant or a member of the tenants household -Notice must include: a Plenary Order of Protection or a Plenary Civil No Contact Order granting tenant exclusive possession of the premises
Lock Changes: Oral Leases Victims with oral leases may request a lock change from their landlords -A request from all parties on the oral lease, except the perpetrator or person posing threat of violence -Request must be in writing and due to credible imminent threat of violence against a tenant or a member of the tenants household -Notice must include: a Plenary Order of Protection or a Plenary Civil No Contact Order granting tenant exclusive possession of the premises
Lock Changes: Landlord Responsibilities One the landlord has received notice of a request for lock change plus evidence -The landlord shall, within 48 hours, change the locks OR -Give tenant permission to change the locks within 48 hours Whoever changes the locks shall make a good faith effort to give a new copy of the key to the other party as soon as possible but not more than 48 hours later If the landlord refuses or does not respond within 48 hours, the tenant may change the locks without the landlords permission or sue the landlord in court to change the locks
Lock Change (Continued) Tenants who successfully bring suit against the landlord for refusal to change the locks are entitled to attorney fees and court costs In all cases (unless the lease states otherwise) the tenant is responsible for the cost of the lock change If tenant changes the locks, tenant must ensure lock change is done in a workmanlike manner
Nondisclosure and Confidentiality A landlord may not disclose to a prospective landlord that -A tenant or a member of a tenants household exercised their rights under the Act -Any information provided to the landlord by the tenant or a member of the tenants household Unless-the tenant or member of the household consents in writing -disclosure is otherwise required by law A victim who uses the Safe Homes Act does not waive confidentiality A landlord who discloses that a tenant has used the Safe Homes Act is liable for actual damages resulting from disclosure up to $2,000 A tenant who successfully brings an action pursuant to this section may be awarded reasonable attorneys fees and costs
Violence Against Womens Act Applies to -Tenants in Public Housing -Project-based Section 8 Housing -Section 8 Vouchers
Purpose To reduce domestic violence, dating violence, and stalking, and to prevent homelessness by: -Protecting the safety of victims in their homes -Ensuring the victims meaningful access to the criminal justice system without jeopardizing their housing -Creating long-term housing solutions -Building collaborations among victim providers and housing agencies to provide services, training, and interventions -Enable Public Housing Authorities and landlords to respond appropriately to violence while maintaining safe housing for everyone
Admissions Public Housing Authorities / voucher administrators / owners CANNOT use an applicants history of domestic violence, dating violence, or stalking or the fact that they are currently experiencing violence as a reason to deny housing assistance if they otherwise qualify
Termination Cannot terminate assistance due to -Actual or Threatened violence -Criminal activity directly relating to violence, by a member of a tenants household, any guest, or other person Must honor court orders regarding the property or who has a right to the housing, including orders of protection, and stalking / no contact orders
Termination (Continued) BUT CAN terminate assistance if -It is a lease violation NOT based on act of violence against the tenant or member of the tenants household -Able to demonstrate an ACTUAL AND IMMINENT threat to other tenants or those employed at or providing service to the property if that tenant stays at their current housing The standards for eviction or termination CANNOT be higher for victims of domestic violence, dating violence or stalking than for other residents Other remedies may be appropriate before termination of assistance is considered ex) moving the victim
Removing the Abuser CAN terminate assistance / evict the abuser ONLY Can provide separate leases / housing to both (But why would you want to, only setting yourself up for more problems) The victims housing will not be affected by termination proceedings against the abuser
Notice Requirements If the victim is asserting the Violence Against Women Act to stop eviction, termination, or admission denial, the Public Housing Authority or the owner of the property can require the victim, within 14 days of written notice, to provide one of the following: -HUD form of bona fide incident where the perpetrator is named -3 rd party evidence from medical, legal, or victim organization under penalty of perjury -court or police record -Self-certification
Confidentiality Information given to any housing provider or property manager, including the fact that an individual is a victim of violence, must be kept confidential NOT entered into shared databases NOT provided to any other entity Unless-disclosure is requested by the victim -otherwise required by law
Notice to Tenants / Public Housing Authority Plans Housing Authorities and Project Based Section 8 owners MUST notify tenants of their Violence Against Women Act rights Contracts and leases should contain Violence Against Women Act language Public Housing Authority annual and five year plans must include information about the Violence Against Women Act and show how they will work with providers Project Based Section 8 owners should include information about the Violence Against Women Act in their Tenant Selection Plans / House Rules
Todd Eyler Pollock, Ennis & Heck 300 North Sixth Street Quincy, Illinois 62301 Telephone: 217-222-4173 Fax: 217-222-2547 Email: firstname.lastname@example.org_eyler@yahoo.com