QUESTION

Illinois Foreclosure with a renter staying from old landlord to new landlord. Auction July 21, Deed issued to new owner Aug. 12, occupant given

Asked on Oct 18th, 2011 on Foreclosures - Illinois
More details to this question:
til Oct. 12 to vacate. During this period occupant made a deal with new landlord to stay and rent. On what does rent stop being paid to old landlord and start with new landlord?
Report Abuse

1 ANSWER

No legal advise can be given and your situation raises a number of different issues.  The initial question to be addressed is the nature of the "deal" made and under what terms the prior rental was being paid. The remaining questions and issues can then be addressed.  To insure the best answers are given to these questions, consultation with an experienced attorney should be sought. As a practical matter, the old landlord may not be looking for any money.  That person may figure that, since the house was lost in foreclosure, no collection can be sought.  This may, therefore, end matters since no action is being contemplated. However, it may not be the end.  The key point in any obligation with the old landlord is the terms of the deal:  What was the nature of the tenancy? Was there a lease?  If so, a review of the lease may provide an answer to the question.  Additionally, if payment is based upon the landlord being the owner, it is hard to imagine that in any collection suit that the court would award any allegedly unpaid rental money to someone that has no title to the property.  It would seem that ownership should be a prerequisite to any recovery.  Accordingly, any claim for monies owed would appear to end once the old landlord's interest in the realty was terminated. This date should be verifiable from a review of the Court file for the foreclosure.  The clerk's office is open to the public and such documents are public records.  It would be advisable to seek out an attorney to review this order and whatever additional documents you may have relating to any monies that could be owed to your prior landlord (or that the landlord is claiming as being due and owing).  This can also include any set-offs or credits owed to you.  One example would be a security deposit still held by the old landlord.  As such, you may have a suit or counter-claim against the old landlord. The next question revolves around the deal made with the new owner:  Is it in writing? Is it a lease for a stated period?  You need to know what rights you have with the new owner.  This would also be an area of inquiry to address with an attorney that practices in landlord tenant law.  
Answered on Nov 07th, 2011 at 1:58 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters