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Eviction of a Known Occupant

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  • 11-07-2018, 04:41 AM
    Flyboy
    Eviction of a Known Occupant
    My question involves landlord-tenant law in the State of: Illinois, Cook County, Streamwood

    I'm a holdover tenant from a foreclosure. The new owner never asked my name, but I give him an email address that starts with flyboy@. He filed a "Complaint in Forcible Detainer and Rent or Damages Claim" with "flyboy and Unknown Occupants" as defendants. Am I a named party or do I need to file a motion to intervene or something? Because he listed "Unknown Occupants", if he gets an order of possession the sheriff won't care what my name is. Normally an "Unknown Occupant" would need to file a motion to intervene.

    Under the Protecting Tenants at Foreclosure Act (PTFA), a bona fide tenant cannot be evicted from a foreclosed property without at least 90 days' notice. They only gave me 30 days notice before filing the eviction case. Do I complain about that in my answer or a motion? I'm worried that if I put it in my answer the judge may issue an order for possession and stay it for 90 days. I would rather the plaintiff have to return to court after giving me proper notice so I can retain an attorney at that point to file a proper answer, if it comes to that.

    Thank you.
  • 11-07-2018, 09:36 AM
    Mr. Knowitall
    Re: Eviction of a Known Occupant
    If you are in fact a tenant, not just an occupant, contact the new owner with proof that you are a tenant and thus entitled to the protections offered by Illinois law.

    If you are not a tenant, you are not entitled to the protection of a law that protects only tenants after foreclosure.

    If you are trying to oppose the eviction, you will need to answer the eviction lawsuit and properly raise your defenses to eviction.

    The judge cannot correct improper notice. If you were given 30 days notice as an occupant, and are entitled to 90 days notice as a tenant, then the new owner will have to start over by giving proper notice.
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