Legal Question in Real Estate Law in Illinois
I just moved into a new place at the beginning of June and signed a one-year lease. The unit which I rent is actually a condo and I rent from a private owner.
Regrettably, my landlord (condo owner) passed away this past Monday, June 2nd. I had already paid July's rent (fyi) before his passing.This raises questions as I am now unaware of my rights. Is the lease voided? Will I have to move out? If so, is a 30 day notice required? If my lease remains valid, to whom do I make payments to? If I'm not contacted by kin or estate, am I obligated to pay anything?
I was informed by the landlord's friend that I should begin to make payments to the deceased's brother, but I'm weary of that without some proof of being an executor or some other legal document.
I should also state that I am living and renting in Illinois.
2 Answers from Attorneys
Unless the lease provides otherwise, the heirs should honor the lease and probably will want that for the time being. Until you have something clear about the authority to collect, I would simply set aside the money, perhaps in an interest-bearing account. The family may need the funds if there is a mortgage payment to be made, so they may want to act quickly, but you should confirm with an attorney when somebody claims authority to collect the rent. One avenue that would be safer would be to make sure that the payment goes to the mortgage company, if applicable, but even that should be approached cautiously. By no means should you do anything in cash (make sure you have checks to serve as proof later).
I agree w/ Mr. Repay and the only thing I just want to clarify is that you mean the owner passed away July 2 and that prior to that time the deceased owner signed the lease too.
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