Legal Question in Real Estate Law in Illinois

This is actually 2 questions... I own a condo in Cook County, currently there is an order of possession against the condo and my wife (separated) was evicted from the property. I was wondering what is the minimum amount of notice the association has to give prior to allowing access to remove personal items? I emailed the association representative Monday of last week, didn't hear back from him until Thursday morning saying I could have access the following day Friday. I thought I secured movers to assist in removing property but they failed to show. Do I have a legal right to access again with advance notice to remove personal property?


Asked on 10/02/12, 11:38 am

1 Answer from Attorneys

If there is an order of possession there MAY be a "stay" meaning that the order should say how long you have to get out voluntarily, and if you don't by then and the Sheriff has to come by, what will happen is that your wife would be physically removed from the unit, somebody from the Association would have the right to go into the unit and carry everything outside, and then the unit could be locked up and you could be locked out. So someone has to review the order for any "stay" period. SECONDLY, it depends on whether you have any legal rights to gain access to the unit right now if you and your wife are already in court for separation/divorce and you are under court order as to whether or not she has sole possession of the unit or whether you have rights of accesss. Someone must review that situation. While the Association's telling you about when you could have access is helpful, it may or may not be the same as when the "stay" expires. And they can't tell you if you have the right of access if you are limited by the divorce court. And if your wife was given sole posssession of the unit but has violated any interim divorce court orders by not paying assessments and causing the eviction, you may have to go to divorce court for relief. Time to see a lawyer with all the needed papers and facts.

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Answered on 10/02/12, 2:06 pm


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