Legal Question in Landlord & Tenant Law in Illinois
We live in Ill. with some friends. We are now wanting to move to Springfield because the job opportunies are much better. However, because of this move, our so called friends are now not returning our phone calls so that we may get our belongings. They are peeved off. These friends are very fraudulent in the way they live. We stayed upstairs in an attic with plastic around our bed and tv so we could keep warm, the situation was not good in many ways. We are 53 and 49 years old and have 0 to actually call home. Can they keep what we have which is a few boxes with some clothes and a few some odds and ends. We are leaving our bed and bigger things? There wasn,t any kind of legal contract.
Thank you,
Julie B. Lyerla
1 Answer from Attorneys
Dear Ms. Lyerla: "There wasn't any kind of legal contract." Unfortunately, many arrangements that are not in writing are still valid, potentially binding contracts from a legal standpoint. It is just they are more difficult to prove the terms and conditions of, because theoretically anybody could say they are anything.... From what you've given us, it is impossible to tell what the terms of your arrangement were, but they were clearly something along the lines of a rental, which does not need to be in writing for leases under a year. We can't tell if you were paying nothing, promised to pay something and couldn't, or anything else. All we know is that you "lived" in their attic for an undefined period of time. Friends or not, unless they agree it was done as a gift/for free, they are entitled to claim some kind of fair compensation. On the other hand it is highly questionable whether their attic met building codes for livable space -- on the other hand they supposedly were doing you a favor. You say they are "peeved off" but don't say why. Something went wrong. Without more facts as to what the total picture was, it will be impossible to provide you any valuable information.