Legal Question in Civil Rights Law in Illinois

Hi,

My finance and I ,we are renting 2 BR apt from May 2009.In May 2010 we sign new lease.In August last year Accidently we found out that apt that we living in is for foclosure.

Our landor signed the lease with us knowing about it and not telling us anything.We stoped paying rent since Oktober 2010.Now she came back from Poland and wants us to move out and pay her money that we owe.We really dont know what to do .Can she still collect the rent if the apt is for forclosure?Besides we were giving her cash all this time because she refused check.What should we do?Move out or just wait for court date.Do we have any legal rights to still be in this apt? Please help us to make decision.Thank you .Monika Kulpinska


Asked on 1/20/11, 6:37 am

1 Answer from Attorneys

You are protected under federal law against being forced out simply because the place you are renting is in foreclosure. You can not be evicted unless you are in default, and you can not be evicted if you are in good standing unless the new owner (after a foreclosure sale) wants to move in and gives you 90 days' notice. Your stopping the payment of rent put you in jeopardy, and probably has made your landlord frantic. If this apartment is investment property, the landlord needs the rental income to produce value so that someone will pay top dollar at the foreclosure sale if that's the way things are headed, and that would help minimize any deficiency judgment the landlord may owe the foreclosing lender if the place sells for less than the mortgage balance. At this point I recommend taking the situation to an attorney to see if your situation can be reinstated if the place is otherwise a decent deal for you. Otherwise the landlord can evict you and if the landlord is unable to rerent the place for as much as you were paying, sue you; and the landlord can even sue you for the costs to relet and lost rent. The good and bad news is that you apparently have no rent receipts; how that plays into the situation may work for or against you. Make sure you talk to your attorney about this aspect of the situation.

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Answered on 1/25/11, 7:53 am


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