Legal Question in Wills and Trusts in Illinois

The owner of the house I live at died Wednesday, he had cerbal palsy so I cared for him &paid; him cash rent. Now his brother wants me to sign a lease giving me 30 days to move out with my daughter & her 3yr old. What are my rights?


Asked on 7/03/15, 5:03 pm

2 Answers from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

I assume that there was no prior lease. If that is the case then, in most circumstances, the new owner of the property can decide to decline to continue to rent the house to you. This article provides some insight into your present issue: http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentID=5397

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Answered on 7/06/15, 10:55 am
Virginia Prihoda Law Offices of Virginia Prihoda

I wouldn't advise you to sign anything. If the new landlord wants you out, he will have to evict you if you don't voluntarily move. 30 days is a difficult deadline. Depending on the level of care you provided the deceased, you may have a claim against the decedent's estate for your services. Basically, a month to month tenancy creates no right to renew on the part of the tenant, beyond 30 days. Negotiate a more reasonable move out date and make sure you mention (and be able to prove) to the new landlord whether you provided a security deposit to his brother.

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Answered on 7/06/15, 1:20 pm


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