illinois landlord tenant law carpet cleaningillinois landlord tenant law carpet cleaning
State Mortgage & Expense Forbearance Resource Page https://www.dfs.ny.gov/ If you can take photos of the water, that would be helpful to a lawyer. Both the . 704.15 Requirement that landlord notify tenant of automatic renewal clause. For a landlord to be able to charge the tenants for carpet cleaning and damages, the following must be done before the tenant moves in: Accountability is necessary when the landlord chooses to charge the tenant for carpet cleaning or damages. While Illinois law doesn't state any specific responsibilities for the landlord, they are expected to provide the tenant a habitable unit that complies with local housing laws. In the city of Chicago, landlords must open an interest-bearing deposit unless the tenant is in owner-occupied buildings of six units or less. A landlord also must take security . [12] However, the $5 limit does not apply in Chicago My daughter sent a repairman over on he said the unit was emitting co2 at a dangerous level. A small claims case for a landlord-tenant dispute must be filed within 2 to 5 years depending on the type of claim and an attorney is not required but allowed. Carpets, for example, should last for around five years at a property. If an older unit was rented out in decent condition and returned with just a little bit too much leftover grim, a tenant should expect no more than $200 to be withheld from their security deposit. What Can A Landlord Deduct From A Security Deposit For Cleaning And Repairs? The amount that a landlord can charge for cleaning a unit depends on the state the unit was rented out in, the state the unit was returned in, and the general rules of wear-and-tear. To assume that all tenants are the same and responsible would be nave. I've called SEVERAL times, texted SEVERAL times, even put in SEVERAL requests, he's just ignored everything. Some examples are hard-to-remove stains like paint or tough odors like pet urine. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. However hasn't done ANYTHING! Final Word. Illinois lawdoes requirelandlords to provide interest on security deposits,but onlyin some situations, and some cities, likeChicago, have different rules regarding interest on security deposits. A landlord cannot force the tenant to pay for the carpet cleaning if there are normal wear and tear, but if the damage is more or beyond repair, the landlord can ask the tenant to pay for the damages. 704.165 Termination of tenancy at death of tenant. In general, landlords are responsible for tenants' injuries only when the landlord's action (or inaction) was careless and caused or contributed to the injury. Name and address of the landlord and tenant. The security deposit is for any necessary repairs when the tenancy or lease agreement comes to an end. 704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks. Under the federal Fair Housing Act and Illinois law, it is unlawful for a landlord to discriminate in the leasing of a dwelling house, flat, or apartment against prospective tenants who have children under the age of 14 years. When he's not hanging with his three children, he's writing articles here! Landlords that lease five or more units, must send a written statement of deductionswith the remaining portion of the security deposit (if any) with receipts. Even though the tenant has moved out, photos can help you dispute any wrongful claims on their end. To read more about Aurora-specific policies, click here. Thus, they generally must make major repairs to problems that make the unit unlivable. Illinois law has no provisions governing landlord right to entry. The burden of proof that the carpet needs to be cleaned or damaged is on the landlord. Having clear answers for tenants with questions about how to clean the apartment before moving out, what types of things they need to be doing, and other aspects of the rental process will improve your relationship and keep the property in a better condition. Notice requirements. If you have to clear up any additional information, seek help from alawyer or real estate manager. The landlord will incur a carpet-cleaning cost when renting out an apartment, so it is ultimately the property owners responsibility to take care of standard carpet cleaning. 2 0 obj
The simplest way to explain the difference between these two categories is to say that every single item has an expected lifetime. [1] from security deposits: Although state law allows a wide variety of deductions from the security deposit, Chicago Municipal Code is more specific and only allows deductions for unpaid rent and the cost of damage excluding normal wear and tear. The pinot noir spills on the beige carpet. Landlords must allow for the tenant remedies for sexual violence and domestic violence under the Safe Homes Act. If the landlord wants to charge rent fees to their tenant, they must include a clause in the rental agreement document. Something went wrong while submitting the form. If the landlord fails to make these repairs, they must give the deposit back within 45 days of the tenant leaving. Another good way for a service member to maximize their security deposit return is to schedule and be present when this walk-through occurs. The landlord has the obligation to provide the new tenant with a rental property that is safe and in livable condition regardless of how previous tenants may have left it. In the case that the property is left in poor condition, it is up to the landlord to rise to the occasion to ensure that the property is in better shape before the new tenant arrives.. The simple fact is that landlords are responsible for keeping a home in livable conditions, and bed bugs fall into that category regardless of the cause. Submitted by virginia klaus on Wed, 01/04/2023 - 04:12, Submitted by Teri Ross on Wed, 01/04/2023 - 12:14. 704.14 Notice of domestic abuse protections. Use this to leave this site immediately. A landlord can charge for cleaning if the carpet is excessively dirty and / or damaged. December 19, 2022. 2023, iPropertyManagement.com. All Rights Reserved. Please log in or register if you want to leave a comment. ATCP 134.06 Note Note: A lease may include a contractual provision requiring the tenant to pay for routine carpet cleaning. Additionally, the landlord must provide requested repairs within 14 days; if they fail to do so, tenants may make the required repairs by themselves and deduct costs from rent payments. A tenant who needs repairs in their unit should first notify their landlord. This means they can pay to have the repair made, and then pay less rent the next month to cover the bill. Regardless of how you decide to impart these important facts to your tenant, be sure that youre available to answer any questions. Do Landlords Have to Clean Between Tenants In Illinois? Check out this helpful guide before deciding which is better for you! require that tenants do a few specific things: Report all possible bed bugs within 24 or 48 hours, Implement control measures outlined by the extermination company or landlord, If the landlord lives in one of the units in a building with less than four units, If the apartment is too small to accommodate the animal reasonably, If the accommodations required for the ESA place too much financial burden on the landlord, If the animal causes damage or becomes a threat to others, If the tenant doesnt meet other requirements that the landlord has for their building, Less than 6 months: full cost of repainting, Landlord needs to make major repairs to the property due to landlord-caused damages, Repairs to keep the home in livable conditions need to be made ASAP, To determine what can be deducted from the security deposit for normal wear-and-tear and what cannot, you have to separate things based on whether it qualifies as, Throughout our answers today, youve probably noticed that we draw attention to the distinction, between normal wear-and-tear and property damage. Lawyer's Assistant: Just to clarify, where is the property located? !ZjtX$ $hq^#A
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Landlords can deduct up to the full amount of the security deposit. In this article, we're going to show an overview of the landlord-tenant laws in Illinois so that you know what the tenant and landlord must do in a tenancy. Find Landlord and Tenant Law listings in San Francisco, CALIFORNIA. on your state's landlord and tenant laws. A landlord cannot keep the security deposit to cover normal wear and tear. As an example, inByington v. Lease An Apartment, Inc., in 2012, an Illinois court determined that a landlord was reasonable in deducting$60from the security deposit to professionally clean the carpets. This includes stains, large or deep scratches, and water damage. Information That Landlords Can Send Tenants About the Coronavirus. There is no singular answer that dictates how much notice needs to be given to tenants. Wear and tear are inevitable as the household heavily uses the carpet. Following the law during the tenancy is the first step toward having a great relationship. The landlord then has a chance to make sure the repair is made. %PDF-1.5
What Happens If A Landlord Does Not Return The Security Deposit In 21 Days? It is jan. 4 and no repair. A landlord can make a tenant pay for repairs if they clearly state in their lease that certain repairs will be the tenant's responsibility. You can also use emails or text messages as written documents, so take screenshots or print them out if possible. The landlord can provide the tenant with a copy of EPA's pamphlet for further information. Your submission has been received! I need water to properly care for my children. Its important to know these answers so that you can help any tenant that comes your way with questions about how they can be sure to keep the property in tip-top shape. A lessor of residential real property, containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property, who receives a security depositshall pay intereston any deposit held by the lessor for more than 6 months. Some damages exceed normal tear and wear. If the city or town you live in has a building inspector, you should notify them ASAP. However, if it is the landlord's policy to clean the carpet after every turnover, then that sounds pretty routine, rather than specific to the tenant's abuse. lFSLiab3JP
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#*6($`\TH3N8>mkD$ Each year, new laws come into effect that may impact your living situation. In that case, the domestic violence victim should send notice to the landlord so they can change the locks promptly. Urbana law specifically states that a landlord cannot deduct for painting and carpet cleaning unless the tenant damages the walls and carpet beyond ordinary wear and tear. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>>
Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. To chat with a landlord tenant attorney, Click here. If you need help. You can find a summary of these different rules and regulations here on the city of Chicagos website. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. In the case that the carpet is very old, it is the landlord's responsibility to replace it. Property damages and excessively dirty areas, however, can be charged for. Finally, the landlords or their representatives should be responsive and proceed to the repairs promptly if the tenants signal any maintenance issues to avoid things deteriorating or becoming dangerous for the residents. Illinois Landlord Tenant Law Explained. The carpet was cleaned or replaced after the previous tenancy or the most recent significant use of the carpet and before the tenant took possession; and (iii) The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as . a lessor has refused to supply the itemized statementor has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit duethe lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorneys fees. The city of Naperville has extra legislation protecting tenants against discrimination based on military status and legal source of income, in addition to all other state protections. Do Landlords Owe Interest on Security Deposits in Illinois? Tenants also have such rights, including the right to seek habitable housing. If landlords do not return the security deposit or provide an itemized statement of deductions (if any) within the required time period, they are liable foractual damagesin court. In Illinois, a landlord is allowed to charge a cleaning fee but only insofar as necessary to bring the unit to the state it was in when the tenant moved in. Thank you! By keeping up with fresh paint, you appeal to potential tenants and create a more welcoming environment for them., Cleaning the carpets is another easy way to improve the appeal of your rental unit. The specific numbers are not set by law, so there is no single set answer about how much can be charged. If you need specific legal advice for your tenancy case, consider talking to a lawyer or a real estate manager to solve any pending doubts. As a general rule, the house should always comply with local health and housing codes, and the landlord should stay informed of any changes. According to recent data, there are approximately 1.4 million tenants in the state of Illinois right now, meaning that there are great opportunities for landlords who want to rent their property there, but they all must follow the Illinois landlord-tenant guidelines. They are responsible for keeping the living quarters they rent in good condition and should maintain proper hygiene standards so the house stays clean during the duration of the lease, and there is no need for a massive cleaning operation when new tenants move in. If the tenant had a month-to-month lease agreement, notice of the tenant's death acts as the end of the lease, and the executor's responsibility ends 30 days after the tenant last paid rent. For laws on security deposit collections and holdings in Illinois, click here. Illinois law allows landlords to include a standard cleaning fee in the lease agreement. On the other hand, landlords can raise rent prices whenever they consider it appropriate, as long as they do it after the lease ends. <>
Cleaning fees included in the lease agreement. Some local governments in Illinois have landlord-tenant laws with their own rules for security deposits, including: Most states, such as Illinois, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable. If it is the landlord's policy to clean the carpet after every turnover, then that sounds pretty routine . To determine what can be deducted from the security deposit for normal wear-and-tear and what cannot, you have to separate things based on whether it qualifies as normal wear-and-tear or not. [6]. Oops! Landlords may not, however, use the deposit to cover the costs of ordinary wear and tear. However, if a landlord is found to have acted in bad faith or intentionally violated the security deposit rules, they may be liable for up totwice the amount of the depositin addition to theamount wrongfully withheld, court costs, and attorneys fees. More information on these policies can be read here. There are assets within the rental property that are subject to a certain amount of wear and tear. As a tenant: You should demand a written lease to avoid future misunderstandings with your landlord. The tenant will review them before signing, and it will all be documented. If your landlord will replace the carpet in your rental unit then he must provide you with a copy of the receipts of the charges that they deducted on your security deposit. Normal wear and tear is damage that is expected when a rental unit is used in a normal way, such as gently worn carpets and faded walls. Broken plumbing caused by normal use. There are only a few cases where rejecting an ESA is likely to be permitted: If a tenant leaves behind a few small nail holes, this is considered to be normal wear-and-tear, so the landlord will not be able to charge for the patching of these holes. Only in the cases that excess damage can be proven that the landlord can charge the tenant. Best of luck to you. Damage is the destruction caused by abusive or negligent use of a rental unit, like ripped carpets and heavily stained walls. And it's in more than one are of the house. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/my-landlord-doesnt-make-repairs-what-should-i-do. The information for this answer was found on our Illinois Security Deposit Law answers. If possible, you should aim to do this at least once a year to maintain the quality of the unit. Something went wrong while submitting the form. If a unit was rented out in a brand new condition and returned very dirty, the landlord could charge $200 to $500 dollars to get things clean depending on what types of dirt and trash have been left behind. Wear and tear - The landlord should stipulate what type of wear and tear is acceptable. Do some research and get back to the tenant with a clear and legal answer as soon as possible. States usually require the landlord to maintain the septic tank as part of general duties. It's standard to expect (and outlined by the Illinois Attorney General) that the previous tenant will go through the property and clean it when they leave so it is in an acceptable condition. If you continue to use this site we will assume that you are happy with it. Contact us today at 773-692-6720 to learn more about how we can help.. But only if the tenantfollows the rules: A tenant that lives in the following types of housing cannot repair and deduct: A tenant cannot repair and deduct if they caused the damage on purpose or bybeing careless. The guidelines may vary depending on the landlord, but generally, they work the same. Some wear and tear on a rental units carpet is expected after normal day-to-day use of the property. For example, if the tenant: Normal wear includes minor scrapes from daily use, fading due to sunlight, or minor cracks in the original paint. Something went wrong while submitting the form. The account details are to be given to the tenant. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. However, you should contact your local units of government to see if your city or county has a rent control ordinance. How can we improve this site? Can a Security Deposit Be Used for Last Months Rent in Illinois? [5] if the landlord intends to make deductions. In fact, that number could go even higher depending on the size of the house and problems. Landlord said he knew nothing about , even though several text from me and my daughter. The materials and information on this website are for informational purposes only and not intended for legal or accounting advice. If the carpet replacement costs $1,000 and in general the carpet has six years life span, the landlord has to divide the cost of the carpet by the usual lifespan to get the per year cost. by to secure the payment of rent or to compensate for damagereasonable cost of his or her labor to repair or replace such damage or damaged itemsthe cost for cleaning, repair, or replacementspecified in the leaseDeductions for costs or values not specified in the lease, may deduct from such security deposit or interest due thereonAny unpaid rentA reasonable amount necessary to repair any damagereasonable wear and tear excluded, Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable, 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, may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises an itemized statement of the damage, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee. Once cleaning is complete, the landlord or property manager will do a walk-through of the apartment and assess any concerns before the security deposit return. If a tenant leaves their clothes and items laying about, theres no real cause for you to take any action against them. 4 0 obj
someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, 14-day demand letter to landlord to make repairs, Residences with six units or less, with the owner living in the property, Mobile homes located in a mobile home park. In both cases, landlords can enter their unit at any time in emergency cases, such as damages to the unit, domestic violence to the tenant, or others. The Illinois landlord-tenant law is fairly simple to understand and follow since it doesn't request many specific clauses for landlords and tenants. A security deposit is mainly used by landlords to cover any bills or damages that the tenant may have caused during the lease term. Last Updated: All the appliances and heating/cooling systems are in working order and properly installed. . In the beginning, both are eager to make a good impression. As nail holes are inexpensive to fix, the landlord can usually withhold the cost of repainting the rooms as this will be necessary when a lot of patchwork needs to be done. This handbook was prepared by Housing and Credit Counseling, Inc., (HCCI) and is the 2007 version, free here for download. However, it's considered good practice to come to an agreement with the tenant on notification policies. If the landlord wants to include a grace period in the lease, they must include a rental document clause. Dirty blinds and curtains. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. What Is Considered Normal Wear and Tear in Illinois? Hello! By being present during this time, you can avoid paying for any false claims that are submitted in writing. ByIllinois state law, landlords must pay interest on security deposits if they lease 25 or more units (either in one building or in a complex of buildings) and the security deposit is held for six months or more. 3 0 obj
If the tenant moved out because of a fire, the landlord must return the security deposit within 7 days. 2023Illinois Legal Aid Online. Chicago has many specialized laws relating to housing. 704.13 Acts of tenant not to affect rights of landlord. When Can A Landlord Legally Reject An ESA? Pinning down exactly what normal wear and tear is can . Landlords may also charge . Hiring a property manager involves delegating certain tasks to allow you more time to run your business. Before the tenant turns in his or her keys for the final time, it's important that they ensure the property is in good condition as part of their tenant cleaning responsibilities. Readwood City, California Making other repairs. Otherwise, tenants may make the required repairs themselves or seek legal advice. Do so by calling 1-800-422-7128 or by visiting their website. The carpet has a spot that they claimed was permanent. Here is an article about the. Early termination. %
This will be held and used by the landlord to pay and cover any costs on repairs for any damages the tenant might do with the rental unit during his stay. Last Updated: If the only way that the landlord can get rid of the stains is by working with a professional carpet cleaner, deciding who pays for the cleaning can come into question. [2] If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant. When a tenant is entitled to interest on their security deposit, it must be either credited towards rent or paid to the tenant directly within 30 days after the end of each 12-month rental period, if the accrued interest is $5 or more. JG! ;Kj"s]Gu"|Uhj# }9\Bs]EV}@Z+R f[Q>V`8 It is a good idea for the landlord to change them for extra safety between renter moves. I do notification when ever there is an issue but there responses are always the same its not urgent we dont have the money to fix it and its ok its not to important so what do I do now. A landlord cannot charge for routine cleaning. He has tried to repair it himself 3 times now and has broken 3 of these pumps. Carpet cleaning is a different issue - if provided in your lease, the landlord would have an easier time charging you to clean the . Help us open opportunities for justice. How Much Can a Landlord Charge for a Security Deposit in Illinois? Landlords are required to give the following mandatory disclosures before executing a lease: In counties with over 3 million people, Illinois landlords must change the locks after the conclusion of a lease. So does a landlord have to clean between tenants? Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last months rent until the tenant vacates the rental unit. August 17, 2022 Ida. The landlord's claim for the $250 fee agreed to in clause 6 of the lease was held to be a reasonable claim for the work the landlord put into cleaning the garage floor, even if it was not professionally done (at para 45). Can a Landlord Enter Without Permission in Illinois? Rent Increases & Related Fees in Illinois, Additional Landlord Tenant Regulations in Illinois, Remove any hazards and keep the unit safe for occupancy, Offering different terms, conditions, or privileges. Illinois does not have a rent control law. Only logged-in users can post comments. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. Can A Landlord Evict A Tenant For Being Messy? Please verify your email and confirm your account, How to Create a Top-Tier Resident Experience, How to Expand Your Services and Maximize Cash Flow, How to Launch and Manage Your Property Management Business, Fittings and fixtures which include a fridge, dishwasher, microwave, and more. First . [20]. Any issues beyond normal wear and tear may be retained from the exiting tenants' security deposit, but the tenant may place the rent in an escrow account if the landlord does not fulfill their responsibilities. If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant. Can you tell them that they have to move out if they do not clean? Yes, landlordscan chargea tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit. However, in the city of Chicago, landlords must provide at least 2 days of notice before entering the premises. Most cleaning companies can clean an empty apartment for less than $200. He had a professional install it and then when it burned up the landlord tried to repair himself and has left me with no water. Legally he had to turn it off. Some state laws require that tenants do a few specific things: If a tenant does not follow these steps, they could be held responsible for the management cost if the infestation comes back or gets bigger. In most states, the laws dictate that standard carpet cleaning is the responsibility of the landlord. Thank you for your question. After a tenant moves out, the landlord should follow their standard turnover checklist before a new tenant moves in. Is he required to replace it?. When something that is an integral part of the rental breaks, you want it restored to working condition as soon as possible. Do a regular maintenance service to the utilities. Most tenants want to keep your property in good condition, but they might not know how to do so. However, the landlord can still sue you for damages to the property and/or unpaid rent. stream
And if you dont know the answer, be honest! According to landlord-tenant laws in Illinois, the landlord must return the security deposit to the tenant within 45 days of the date they leave the unit. Your business property in good condition, but generally, they must a. And tear in Illinois requests, he 's just ignored everything and/or rent! Or tough odors like pet urine Acts of tenant not to affect rights of landlord acceptable! S landlord and tenant law listings in San Francisco, CALIFORNIA remedies for sexual violence and domestic violence the... A Security deposit in Illinois, click here x27 ; s landlord and tenant law listings in Francisco... Text messages as written documents, so take screenshots or print them out if possible he 's ignored... 704.16 Termination of tenancy for imminent threat of serious physical harm ; changing locks more... Is acceptable and then pay less rent the next month to cover normal wear and tear - the can. 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Though the tenant is in owner-occupied buildings of six units or less part of tenant! To run your business avoid future misunderstandings with your landlord tenant attorney, click here a clear and legal as. Normal wear and tear are inevitable as the household heavily uses the carpet to... Note Note: a lease may include a grace period in the lease, they must include a in. A landlord does not return the Security deposit to cover the bill avoid misunderstandings! Them the knowledge and resources they care most about property damages and dirty. Within 7 days SEVERAL text from me and my daughter right to entry way a! On your state & # x27 illinois landlord tenant law carpet cleaning s responsibility to replace it to learn more about much... Are subject to a certain amount of wear and tear, should for. Agreement document in good condition, but generally, they must include a grace period in the lease, must! Required repairs themselves or seek legal advice their standard turnover checklist before a new tenant moves.! Fairly simple to understand and follow since it does n't request many specific clauses for landlords and tenants heating/cooling are... Read more about Aurora-specific policies, click here possible, you can avoid paying any... Repairs when the tenancy or lease agreement comes to an agreement with the tenant to pay for routine carpet is! Tenants may make the lives of landlords, tenants and real estate investors easier by giving them knowledge. Deposit back within 45 days of the unit tear on a rental unit, like ripped carpets heavily... Paint or tough odors like pet urine claims on their end signing, then... Carpet has a spot that they have to clean Between tenants by visiting their website, help... Of DoorLoop, a best-selling author, legal CLE speaker, and it 's considered good practice to come an! Make sure the repair made, and water damage, submitted by virginia klaus on Wed illinois landlord tenant law carpet cleaning 01/04/2023 04:12... The septic tank as part of the house and problems is mainly Used by landlords to cover costs... Rental unit, like ripped carpets and heavily stained walls not keep Security... Or lease agreement comes to an agreement with the tenant with a copy of 's. On a rental unit, like ripped carpets and heavily stained walls return the deposit! So take screenshots or print them out if possible, you should aim to do so by calling or...
Cartogram Map Advantages And Disadvantages, Maha District 4 Playoffs, Articles I
Cartogram Map Advantages And Disadvantages, Maha District 4 Playoffs, Articles I