Legal Question in Real Estate Law in Illinois
Verbal agreements and Evictions
I am in such a bind, please help. I purchased a home in my name for a relative and their spouse. I agreed to do so based on the fact that they agreed to make all monthly payments, mortgage, insurance, and taxes to me and I would then pay the mortgage company, etc. In order to purchase the home it required a down payment of $13,000 of which they paid the whole amount. They have now been in the home almost 3 months and have yet to pay a dime. They didn't even pay the first payment. The verbal agreement was that they make all payments on time to me so that this did not negatively affect my credit or that I would take possession of the home. I keep getting lame excuses about why they cannot pay. I would like to know if I am within my legal rights to serve them a 5 day notice (for lack of payment) and not have to pay them any of the $13,000 back. The only thing they got from me in writing was a yearly lease. I have been having to pay this mortgage, etc and it is really hurting me to the point that I cannot pay my own bills. I was told by my real estate agent that there is nothing I can do but either pay it or let the house go on my credit as a foreclosure because I cannot sell it.Oh please help me with this. I cannot afford to do this.
3 Answers from Attorneys
Re: Verbal agreements and Evictions
While I generally agree with the advice rendered by attorneys Moens and Perez, one must not forget that the nature of your relationship with your relative & his spouse is governed by the lease executed by each of you.
Without reviewing the lease -- did you use a standard form residential lease? -- it is not possible to know precisely your rights and obligations and, certainly, not possible to know the whether you would be entitled to keep the $13K.
Does your relative & spouse think that the $13K was somehow a form of prepaid rent? If so, what evidence exists regarding your agreement concerning the $13K?
Please feel free to contact me if you should have any specific questions or would like to retain my firm to review the lease and advise regarding your options.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]; 312-596-1700
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Re: Verbal agreements and Evictions
I do not know why you do not serve them with a 5 day notice. If you are the owner you may place the property for sale. They may have some interest in their $13,000 but that is not something that can prevent you from selling. I can help you in this case. Please call me for a free consultation.
Michael A. Perez
773 772-8989
Re: Verbal agreements and Evictions
Your real estate agent needs to stop practicing law. He or she is very, very wrong, and he or she probably could (and should) get into some serious hot water for such representations. You can indeed serve them with five day notice. Do it right away. Consult with an attorney to make sure you do it right. You can also put the house on the market today if you choose to do so. I would, of course, hire a different real estate agent. Whether you would have to repay the $13K depends on a lot of factors, so you should discuss this with an attorney.
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