What Can a Tenant Do If Locked Out of a Building
My question involves landlord-tenant law in the State of: IL
Building (owned by a non-profit group on city land, but operated for public tours). Being forced to remove items & the non-profit function from premises. We have been told we may remove the building if we want or not. If we refuse to move - then what?
I am thinkging that:
a. The city could not Lock us out of our own building since they would have to break in to change the locks? Instead:
1. They would somehow file some sort of court paper of some sort if we don't vacate by the move out date?
2. The building is located on public property
b. If we "remove all of our items" - the city may say we had abandoned the property and take the building because it's been "abandoned"?
c. There has been acknowledgment by the government body that the building is ours.
d. There was no written lease only a letters acknowleding the non-profit activity/function and letter by the city that a hand shake was all that was needed.
e. This agreement is over 25 years old.
Re: What Can a Tenant Do If Locked Out of a Building
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Quoting
epic
My question involves landlord-tenant law in the State of: IL
Building (owned by a non-profit group on city land, but operated for public tours). Being forced to remove items & the non-profit function from premises. We have been told we may remove the building if we want or not. If we refuse to move - then what?
I am thinkging that:
a. The city could not Lock us out of our own building since they would have to break in to change the locks? Instead:
1. They would somehow file some sort of court paper of some sort if we don't vacate by the move out date?
2. The building is located on public property
b. If we "remove all of our items" - the city may say we had abandoned the property and take the building because it's been "abandoned"?
c. There has been acknowledgment by the government body that the building is ours.
d. There was no written lease only a letters acknowleding the non-profit activity/function and letter by the city that a hand shake was all that was needed.
e. This agreement is over 25 years old.
This situation is far too complex for an internet forum. You need a local attorney ASAP.
Re: What Can a Tenant Do If Locked Out of a Building
That's probably easier said that done in a small town - Assume we'd look for someone experienced in real estate law.
However, in a general terms is a & b correct, that locking someone out of their own building (breaking & entering to do so) would be illegal. And, if a person vacated their building that they owned that could be looked upon as abandonment? I was interested in knowing if that was correct?
Re: What Can a Tenant Do If Locked Out of a Building
So you're a non-profit in a small town that conducts tours in a historic building?
When you say it is your building, what do you mean? Does the deed say it was granted (conveyed) to your group? Or is the building really owned by the town and 25 years ago the town said you could use the building? A lease does not denote ownership.
Could you explain why the town after 25 years has decided to evict you? Who did you piss off?:friendly_wink: Or what does the town have in store for the property?
An attorney is a good idea. But if you want to know what could happen you will have to answer the questions.
Re: What Can a Tenant Do If Locked Out of a Building
Building built by the non-profit group - items placed within are historic viewable for the public.
There is proof the non-profit built the building. It was with permission - specifically for this non-profit function. on(public land).
Since real estate transactions can be discussed in executive session - if there is something going on about the use of the land no one knows about it unless there is a vote taken. The town has said there isn't anything being discussed and the land will be left vacant.
There has been no reason for the forcible removal - just that there is no written lease between us and this non-profit no longer fit the town plans so go away and take your building or leave it. That's the jist of the thing.
Re: What Can a Tenant Do If Locked Out of a Building
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epic
Building built by the non-profit group - items placed within are historic viewable for the public.
There is proof the non-profit built the building. It was with permission - specifically for this non-profit function. on(public land).
Since real estate transactions can be discussed in executive session - if there is something going on about the use of the land no one knows about it unless there is a vote taken. The town has said there isn't anything being discussed and the land will be left vacant.
There has been no reason for the forcible removal - just that there is no written lease between us and this non-profit no longer fit the town plans so go away and take your building or leave it. That's the jist of the thing.
Once again, your situation is way too complex for an internet forum. You need to be talking to a local attorney. Budwad did you a disservice by continuing the dialog. This is beyond our ability to help you.
Re: What Can a Tenant Do If Locked Out of a Building
I understand what you are saying However, 2 general assumptions:
1. Locking someone out of a building they own is illegal without a court order.
2. If I remove my belongs when I am being evicted that the LL or person who is evicting me (us) would construe it as abanding the property (building).
These seem to be general questions -- Thanks for any help related to these general questions.
Re: What Can a Tenant Do If Locked Out of a Building
At the risk of muddying the waters further I have a couple of comments.
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epic
1. Locking someone out of a building they own is illegal without a court order.
I have some doubt that you actually own the building. You have no contract to that effect. Generally, when you build a building on somebody else's land it becomes an improvement to the land and, in the absence of a contract to the contrary, the building essentially is a gift to the owner of the land when you leave.
That's my thought and I'm not going to debate it with you because it's only a thought and if you think I'm wrong it's not me you have to convince.
However, lock-outs are illegal.
The following article explains that and cites statute and case law.
http://www.illinoislegaladvocate.org...&contentID=711
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epic
2. If I remove my belongs when I am being evicted that the LL or person who is evicting me (us) would construe it as abanding the property (building).
That could be the case if you leave the building completely empty, shut off all your utility services and nobody reports for work any more.
But if you leave your utilities on with a desk and phone in the building and somebody shows up every day to make it look occupied then maybe not.
Anyway, the bottom line here is that the city is terminating your occupancy. Sooner or later they'll have you out. When depends on how much money you want to spend on litigation to delay the eviction (figure $10,000 to $20,000 for a couple of months worth of a lawyer's time).
If you can afford to relocate the building, there are specialized contractors who can do it but you are probably looking at $10,000 to $40,000 depending on the size of the building, plus the cost of whatever property you buy to put it on.
I think you aren't going to win this no matter what you do.
Re: What Can a Tenant Do If Locked Out of a Building
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epic
Since real estate transactions can be discussed in executive session - if there is something going on about the use of the land no one knows about it unless there is a vote taken. The town has said there isn't anything being discussed and the land will be left vacant..
After reading through a summary of the Illinois Open Meetings Act, real estate transactions can be discussed in closed session if it is to discuss a price of purchase or a lease agreement, or what property to acquire for public use. It would stand to reason that they could also discuses the cancelation of a lease agreement. However, I do not believe that the governing body can just terminate a 25 year lease agreement (whether written of verbal) or take the action to evict you without discussion and voting on it in an open public session.
You may want to contact your Illinois Attorney General either by writing or using her website to file an inquiry about this.
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Budwad did you a disservice by continuing the dialog. This is beyond our ability to help you.
I think you should speak for yourself. And since when is a dialog a disservice?:rolleyes:
Re: What Can a Tenant Do If Locked Out of a Building
what you have is a month to month commercial lease between you and a local government, i doubt there is much of anything online which can guide you in this, and i suspect you have no rights to prevent this from happening. around here the city can evict you in 7 days, that is 7 days notice before they will arrest you for trespassing if you are still there, not 7 days and they file in court or 7 days and the sheriff posts a notice on your door.