My question involves an eviction in the state of: Illinois (Chicago - Cook County)
I've lived in a loft for about six months. One person claims he was the only "person on the lease" however I find out never actually had a written lease with the previous owner; just a hand shake style agreement. The property has changed hands due to tax sale. Today we were told by the "person on the lease" everyone has to be out in 30 days from today (6/19).
+ We paid last months rent to this person when moving in (not directly to the owner)
+ We have no history of late rent payments to this person
+ This "person on the lease" told us he's being given financial compensation by the owner as incentive to have everyone out in 30 days.
+ No in writing notice has been provided. Only a verbal by the "person on the lease" and a facebook message (i don't believe this counts as being served but correct me if i'm wrong)
There's 5 of us who would like to try and stay at least another 60 days (or longer) and continue to pay rent to the new owner. It's hard to find good rentals in the middle of summer. Additionally the "person on the lease" doesn't appear to be interested in wind-falling any incentive to get out sooner than we legally need to. It would seem said person and us since all being evicted are all in the same boat; being kicked out.
I'm under the impression the landlord must give written notice to tenants (even sub lessors) to vacate and the 30 days is from the lease renewal period. In our case this would be the first of the month.
- Could we send a certified letter to the building stating "owner" with a letter saying we're trying to pay rent for the next month even if the "person on the lease" moves out (continuation of month to month terms)? This would to avoid the 3 day "non payment of rent" eviction. What if the landlord doesn't respond? As even sub lessors don't we have the right to know the name and address of the landlord to make such attempts to pay rent?
- Do we have the same basic coverage under the original "handshake agreement"?
- Since we all paid "last months rent", and the "person on the lease" paid for the current month. Isn't "the person on the lease" obligated to continue payment with those funds, or at least attempt? E.g. this person could try and just jump ship and not pay rent.
- do we have the same rights as the "person on the lease"? e.g. in a month to month lease, we also have 30 days minimum notice.
Anything else helpful we should know is appreciated.
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Oh yea... we weren't given any in writing notice on change of ownership. Although it probably doesn't matter, the water bill wasn't paid for quite some time too at the beginning of the month and there was about a 4-5 day shutoff of service.
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oh yea again...
if we paid up front last months rent, doesn't that mean we've already paid rent for the following month thus cannot be evicted for two (60 days)? If we paid the last months rent to the "lease holder" above, per Chicago law on transferring buildings, security deposit, and rent in advance, doesn't that mean if he leaves long as we have proof of the last months rent, the new landlord responsible for honoring that deposit despite if the previous "lease holder" paid it to the landlord or not?
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http://www.cityofchicago.org/content/dam/city/depts/dcd/general/housing/RLTOEnglish.pdf
in regards the the last comment on last months rent and transfer to the new landlord, bullet 11 under the security deposit and advance rent section.

