Legal Question in Landlord & Tenant Law in Illinois
Lessor did not sign lease agreement and has left country
We live in a 4 unit condo building in IL. One of the units is rented, however, the lease was signed by the rental agent on behalf of the unit owner. The rental agent has no Real Estate License. Further, the unit owner was a 'straw purchaser' and has never been seen; no mortgage payments or assessments were ever made and the unit is about to go into foreclosure. Bottom line is we would like to evict the tenants, the question is are they in a legal binding agreement/lease with any rights? Or can we serve them an eviction notice today?
2 Answers from Attorneys
Re: Lessor did not sign lease agreement and has left country
First question is whether you have the right to evict the tenant (need to see your condo association agreement). Second question is what authority the rental agent to sign the lease... was there a written document? Third question is what basis the "straw purchaser" has to claim ownership in the first place if no money ever changed hands?
In any event, assuming you have the authority to evict the tenant, you can certainly serve a 5-day notice (or if he has been paying rent, whatever the appropriate amount of time) today and start the process.
Re: Lessor did not sign lease agreement and has left country
Hello. In my opinion, the safe approach here is to post a 5 day notice on the front door of the unit and slide a copy under the door. Since no assessments were ever paid, a 5 day notice is the appropriate tool. After 5 days, you can file an eviction complaint for possession only since service will have to be by publication since you do not know the whereabouts of the unit owner. I do not recommend that you start this process without a lawyer. Also, the condo association may have a potential lawsuit against the rental agent for fraud, but that's another chapter of discussion. Will be happy to discuss this further and in more detail.
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