Legal Question in Landlord & Tenant Law in Illinois

Can a signed email from the landlord assuring that a tenant will not have to move out even if the ownership of the house changes due to a marital property split be considered binding? The last written lease lapsed two years ago and since then there is not a written lease but the terms of the tenancy (payment, etc.) have been the same without the lease.


Asked on 12/14/11, 4:50 am

1 Answer from Attorneys
Stephen Messutta

Emails are certainly considered evidence today, as long as you can prove the authenticity of the transmission -- who it came from, when, etc. and that it has not been altered.....

But simply saying "you won't have to move out due to a marital property split" (assuming those are the exact words), don't mean much on their own. If you are into a post-lease period the lease may state that for as long as you stay on you are on a month-to-month, and if that's the case either you or the landlord may be able to cancel on 30 days' notice, for no reason, regardless of the "split" situation.

So have an attorney review the lease, and the email. It may be worth doing a new lease to cover you for a period of time....

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Answered on 12/14/11, 8:11 am


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