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  1. #1
    Join Date
    Oct 2007
    Posts
    27

    Default How Much Notice Do You Get for Termination of Tenancy After Change of Ownership

    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.

    - - - Updated - - -

    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.

    - - - Updated - - -

    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?

    - - - Updated - - -

    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.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Eviction of Multiple Sub Lessors by New Landlord - Mutli Floor Loft - Tax Sale

    You folks are in a bit of a pickle.

    Typically when a rental unit is sold, the lease "rolls over" to the new owner. However, it appears five of you don't have a written lease; you folks are month to month tenants.

    Such tenancies can typically be terminated with a 30 day notice but you are correct that this notice needs to be in writing, not verbal.

    Your other problem is that your "landlord" is not the previous owner of this loft but rather the original tenant. Do you have any knowledge that this person has forwarded your last months rent to the previous owner or simply pocketed your last months rent for his own use?

    There is certainly nothing lost requesting the new owner to be able to reside in the unit for 60 days (or longer).

    Gail

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Much Notice Do You Get for Termination of Tenancy After Change of Ownership

    Quote Quoting ilovechicken
    View Post
    Today we were told by the "person on the lease" everyone has to be out in 30 days from today (6/19).
    What precipitated that notice? For example, was the master tenant served with a notice to quit by the landlord?
    Quote Quoting ilovechicken
    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.
    If you want to work out some sort of arrangement with the new owner, contact the new owner and see what you can work out.
    Quote Quoting ilovechicken
    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.
    And?
    Quote Quoting ilovechicken
    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.
    And you would be wrong. The landlord needs to give notice to his tenant. Those who are in occupancy but are not tenants lose their rights to continue to occupy when the tenancy ends. To the extent that the master tenant (your landlord) owes you a continuing duty to provide premises, that's his duty to fill, not his landlord's.
    Quote Quoting ilovechicken
    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)?
    Certified letter, semaphore, smoke signals, telegram.... you can send him whatever you want, asking for whatever you want.
    Quote Quoting ilovechicken
    What if the landlord doesn't respond?
    Then you can try contacting him by some other means. A non-response may indicate that he's not interested.
    Quote Quoting ilovechicken
    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?
    You know who your landlord is. You live with him.
    Quote Quoting ilovechicken
    Do we have the same basic coverage under the original "handshake agreement"?
    I'm not sure what you mean by "basic coverage", but you have told us that you were not a party to that agreement and thus are not a tenant under that agreement.
    Quote Quoting ilovechicken
    - 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.
    If your landlord takes off with your money, small claims court awaits.
    Quote Quoting ilovechicken
    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.
    Your landlord (the master tenant) is required to give you proper notice.
    Quote Quoting ilovechicken
    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)?
    Paying last month's rent up-front does not change the notice requirement for ending the tenancy. The prepaid rent should be applied to your last month of tenancy.
    Quote Quoting ilovechicken
    ....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?
    From what you have told us, you don't have a new landlord, and you did not pay a security deposit to the former owner of the building. Your landlord remains the master tenant. The new owner's duties extend to him, the actual tenant, not his roommates, subtenants, house guests, etc.

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