Legal Question in Landlord & Tenant Law in Illinois
I was recently divorced, in my decree it states that my ex can 'store' needed product/equipment in the basement of the house that is in both of our names for 2 yrs (not part of decree). The problem I have is that he is a hoarder and there is no assemblance to the mess created in 3 rooms of a basement. Pieces, parts and product of motorcycles are strewn across and piled close to the ceiling of the basement. What recourse do I have since I am living in the home and paying mortgage, etc. Is there something that I can do against him to have this taken care of? Not sure if I chose the correct area of law (sorry)
1 Answer from Attorneys
Your question is confusing because first you say the storage right is in the decree and then you seem to say it or part of it is not. Further, the rights may be specifically defined or not -- the rights would have to be reviewed. That being said, assuming the rights are in the decree if he is abusing those rights (and by that I would include, as an abuse, making the kind of mess you are talking about that could be a safety hazard), you may have to go back to court to modify the decree. Assuming you had counsel in the divorce, that is the first person to contact because if the rights were poorly defined (such as not requiring a limitation on amount, what kind of stuff, compliance with keeping them neat and orderly.....) the attorney may need to go back in for further restrictions on the right or, if the decree allows it, a revocation of the rights if the abuse has been flagrant and is creating some kind of safety hazard.
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