Re: What Can a Tenant Do If Locked Out of a Building
I appreciate all the input -- this has given food for thought -- We will probably fight it. I do disagree with us being the trespasser since the building is located on land that is open to the public on a daily basis. And the town acknowledges in public on many occasions that it's our building and has stated we have to go.. but may take our building if we want to.
We'll try to find a lawyer who has knowledge of real estate law and municipal law. Hopefully, one who will take the case because it's unusual.
Thanks again for the information.
Re: What Can a Tenant Do If Locked Out of a Building
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epic
I appreciate all the input -- this has given food for thought -- We will probably fight it. I do disagree with us being the trespasser since the building is located on land that is open to the public on a daily basis.
You are not a member of the public. You are a tenant. Different rules apply. If you become a holdover tenant after the termination date, there are legal actions that the landlord can take to get you removed
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And the town acknowledges in public on many occasions that it's our building
Because some bureaucrat makes comments doesn't mean you actually own the building. Long term agreements regarding real estate have to be in writing to be enforceable. Besides, arguing that you own the building is ridiculous unless you have the money to move it to another location and are prepared to do so. But I can almost guarantee that when the contractors arrive to start the project, the city will find a way to shut it down and prevent the building from being moved despite the comments of a bureaucrat.
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We'll try to find a lawyer who has knowledge of real estate law and municipal law. Hopefully, one who will take the case because it's unusual.
No. A lawyer won't take the case because it's unusual. He'll take the case because you pay him his hourly fee (likely $300, or so, per hour) after giving him a retainer which I'm guessing will be at least $1000, maybe several thousand.
Spending that kind of money on a lawyer is probably a bad idea as it will only delay the inevitable and not prevent it.
Re: What Can a Tenant Do If Locked Out of a Building
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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?
If you refuse to move at all, you can anticipate that the municipality will file a action to evict you. It's possible that they will attempt self-help eviction, in which case you can file a court action to try to maintain access to the rented property, but as you've been told all you're going to do is delay the inevitable.
The buildings the organization constructed on the property are fixtures. If the city is allowing the organization to remove the structures and the organization instead chooses to leave them behind at the end of the tenancy, the ordinary rule is that ownership would go to the city. If the organization vacates the premises but cannot remove the building(s) until a later date, it should make sure that it has a clear, written understanding with the city of its right to return and remove the building(s). The city would almost certainly want any such agreement to include a deadline for the completion of any removal.
If you choose to leave property in the buildings after the end of the tenancy, I suggest similarly arranging with the landlord for its subsequent removal. It's not uncommon for landlords to clear out property that has been vacated by a tenant, and to discard anything left behind.
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And, if a person vacated their building that they owned that could be looked upon as abandonment?
If you are served with notice of the termination of your tenancy, and are explicitly put on notice to remove anything from the property that you want to keep (including buildings), then yes, your choice to leave property behind can create a presumption of abandonment.
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I do disagree with us being the trespasser since the building is located on land that is open to the public on a daily basis.
You don't have an unlimited right to enter public lands or buildings located on public land. If you end the tenancy but leave the buildings, the city can reasonably be expected to take control of the buildings, secure them against entry (not only by you, but by others), and possibly even to have them demolished.
I think the wisest course of action is to try to negotiate a deal and a time table with the city for the conclusion of the tenancy, and for the removal of any property (including the building(s)), such that everybody is clear on their rights. Any such agreement should be in writing, and signed by somebody from the city who has the authority to bind the city to the agreement.
If the organization is short of funds, they can consider using a fund-raising site like gofundme to try to raise money for the relocation of the building(s).
Re: What Can a Tenant Do If Locked Out of a Building
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epic
That's probably easier said than done in a small town
Not a city but a small town. Not that the law is different but the politics certainly are.
Re: What Can a Tenant Do If Locked Out of a Building
Yes, politics are different in a small town - It's unfortunate that an organization builds a building with their money and it's not their building. As a non-profit we aren't in a position to move the building to another location or build another (both of which would be too expensive). Personally, I would much prefer to spend our last dime to take the town to court.
They tried the same thing with another non-profit (were going to kick them out & sell the building), but changed their minds -- That group has a lot of prominent people involved. They are spending town money on repairs and the group remains. Our non-profit doesn't have anyone prominent involved. Seems like different rules for different folks - guess that's politics. Same town, same situation, except they didn't build their building (but, that's evidentally not relevant).
Thanks
Re: What Can a Tenant Do If Locked Out of a Building
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epic
It's unfortunate that an organization builds a building with their money and it's not their building.
25 years ago when your organization put up the building didn't whoever was running the organization then get advice from an attorney about the consequences of putting up a building on somebody else's property and the need for a written long term contract about the use and occupancy?
If not, and that person is still around, he or she is the one to blame for your organization currently being up the creek without a paddle.
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As a non-profit we aren't in a position to move the building to another location or build another (both of which would be too expensive).
Then the ownership of the building is irrelevant and what it comes down to is that you're a tenant at will and subject to termination for any reason or no reason. According to Illinois statute ILCS 5/9-207 the landlord need only give you 30 days written notice of termination and then may maintain an action for forcible entry and detainer or ejectment:
http://www.ilga.gov/legislation/ilcs...eqEnd=74000000
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Personally, I would much prefer to spend our last dime to take the town to court.
And when your last dime is gone, you will still be put out of the building.
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They tried the same thing with another non-profit (were going to kick them out & sell the building), but changed their minds -- That group has a lot of prominent people involved. They are spending town money on repairs and the group remains. Our non-profit doesn't have anyone prominent involved. Seems like different rules for different folks - guess that's politics.
Yes, it's politics.
Also irrelevant because that type of discrimination is legal. Nothing prohibits a landlord from terminating a tenant in one place and keeping a tenant in another unless the termination is due to illegal discrimination.
Re: What Can a Tenant Do If Locked Out of a Building
I'm not going to comment on the legalities of tenant-landlord laws that might cover this situation. I will leave that up to those that know more than I do. But I will say that there appears to be something not legal about the town's actions in this situation if the information posted is true.
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. 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.
It's hard to believe that 25 years ago (or so) the town could have allowed a private non-profit to build on public land in violation of the Illinois Municipal Code with a letter and a handshake. That would mean that there is no ordinance, no hearings, no written lease, no contracts, no liability insurance guarantees, and the list goes on. Who gave the authorization and wrote that letter? And who now is telling the non-profit to vacate and under what authority again. So where and how was this decided?
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65 ILCS 5/Art. 11 Div. 76 heading)
DIVISION 76. SALE OR LEASE OF REAL OR
PERSONAL PROPERTY
(65 ILCS 5/11-76-1) (from Ch. 24, par. 11-76-1)
Sec. 11-76-1. Any city or village incorporated under any general or special law which acquires or holds any real estate for any purpose whatsoever, except real estate granted to a municipality as commons by a grant which has been confirmed by the government of the United States, has the power to lease the real estate for any term not exceeding 99 years, and to convey the real estate when, in the opinion of the corporate authorities, the real estate is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the city or village. This power shall be exercised by an ordinance passed by three-fourths of the corporate authorities of the city or village then holding office, at any regular meeting or at any special meeting called for that purpose. However, the corporate authorities have the power to authorize any municipal officer to make leases for terms not exceeding 2 years in such manner as they may determine.
OP, were you part of the non-profit when the deal was made or is your information from hearsay? Have you researched the records to find any to any official action by the governing body? And how was the non-profit notified that they wanted you to vacate?
This may all be water under the bridge but I don't think so. This is not a private landlord-tenant matter and municipalities have to follow the law.
Re: What Can a Tenant Do If Locked Out of a Building
The orginal people who have negotiated the agreement are no long available either deceased or unknown. There may be some left on the town side, but I don't know. There are letters between the 2 bodies (us & town - one has us asking about a formal lease agreement & them writing back stating -- to the affect everything is fine we don't need more than a hand shake -- that's the jist). There were newspaper accounts when the building was built. The agreement was between the elected body and the organization. About 10 years back the town agreed to support us to apply for a grant to enlarge our facility - we didn't get the grant.
Everything seem fine -- however, it was after we complained about water getting into our building that things seem to go downhill. The current elected body has determined that they want us gone.
I have come to the conclusion that political bodies do what they want. I haven't looked for myself in the town records about any reference to our organization. But I know the general time frame and those records should be available.
Re: What Can a Tenant Do If Locked Out of a Building
So you have no direct knowledge as to how the agreement was made. Hearsay and newspaper accounts are not official records of actions taken by the governing body.
I suggest that you research the minutes and ordinances of the governing body to find out how this agreement (lease) came about before you start spending money on an attorney or they will charge for their time researching it. You may just find that your lease is up.
You still have not said how you were notified to vacate.
Re: What Can a Tenant Do If Locked Out of a Building
In person to our board by town council Pres. He said it was voted on by the council that we should remove our non-profit function. We wanted something in writing directed to us -- They sent a letter stating the council wants us gone. (that's the jist) They gave us to the end of the year.
Yes we're getting documents we have around and researching records we can find like council minutes - land deeds, building permits, etc.
I agree that newspaper accounts aren't official -- but a person would think that they would show the intent or what a reasonable person could surmise about what was going on. Plus, I would think that minutes or documents letters (I have direct knowledge) where the city agreed that the non-profit could expand their building and council supported the application for a grant to do so would be of some importance to show the towns intent that this non-profit continue its function in that same location.
Thank you for all the input - it has helped to know what we are up against and what documents we need to find.