Legal Question in Landlord & Tenant Law in Illinois
i have a contract to buy a home (in illinois) where i already live. i have been paying on the home, and am up to date on my payments. a few days ago the guy i am buying the home from tola people they could come take a large item off the property (was not my item or even his item). the problem i have is, they made my yard unusable and the people that did it said they will not fix it, and the guy we are buying from says he will not fix it. i dont think the guy we are buying from even has the legal right to let someone come here and take anything without even talking to me about it. my real question is who is responsible to repair it, and what is going to happen when i put the house payment into another account and withhold payment until it is fixed ... i really do not care if he evicts us, i will take that money and put it on a new home
1 Answer from Attorneys
Without having more information as to the extent of the damage, it really is impossible to help guide you. If the house is worth (for example ONLY) $75,000 and to fix the issue would be (for example ONLY) $1,000, are you really going to forfeit your purchase rights over that? As to the removal - if you're just a renter and it wasn't your property, the landlord most likely has a continuing right to remove his or third party property without your approval as long as it didn't otherwise affect how you lived in the place. But whose property was it? That would be the first one I'd go to, but if the landlord had allowed it, the landlord should be next in line. But without seeing the contract, nobody can really help - it may talk about the condition as - is but allow/require your seller/landlord to remove property not being sold with - and the landlord can't sell third party property, so the landlord probably did both him and you a favor. But if you assumed the items "came with" and they have been removed, and especially if they were listed in the contract as "coming with", then there should be some discussion. First have a local attorney review your contract.
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