Results 1 to 3 of 3
  1. #1
    Join Date
    Aug 2020
    Posts
    1

    Default Tenant Agreed to Move Out, then Doesn't

    My question involves landlord-tenant law in the State of: Illinois

    We have a situation that seems complex and we don't know what to do with it. I'm trying to be very concise but please let me know if I'm missing important information.

    A home owner in a small Illinois town bought another house and rented the first. After some years and a few tenants, the owner wanted to sell the second home and move back to the first. The yearly agreement for the current tenant had expired and the tenant was month-to-month.

    The owner put the second home up for sale, got a buyer, and gave 30+ days notice to the tenant. The timing seemed ideal. The tenant said they understand, they're looking for a new house of their own and they would be out by the time new owner wanted to move back into their home.

    Just before moving day the tenant had not left. They presented the owner with written terms, actually a formal agreement where they were positioning themselves as the owners and the actual owner was in the position of a tenant. They said they were going to stay for another month, or longer if they wished, and that they wanted the rent fee decreased - or they weren't going to let the owner move in.

    After many exchanges they came to an amicable agreement. The owner was infuriated with the situation but needed to make plans to move, or get stuck in a hotel with a house of furniture going to storage. The house is a two-flat plus basement, originally the main floor plus "in-law" space upstairs. The agreement was that the owner would move in upstairs, with one of the kids in a finished room in the basement. This would be acceptable for one month to give the tenant time to find a new place.

    On moving day, with the truck at the house, the tenant once again insisted that the paper be signed or they wouldn't be allowed to move in. The owner had been baited and now had no way out. Many items had already been moved into the garage. There was no place for the owner to go, or the kids, or the dog. The tenant had the owner in a horrible spot. The owner signed the bogus agreement under duress, knowing it wouldn't hold up in court, and was given permission to move into their own house.

    Since then, there has been a stream of verbal abuse for no reason against the owner by the tenant. We think there is alcohol involved. No one wants to engage with the tenant about nightly noise and other issues. They just want to get through the month and be done with it.

    But there is really no reason to believe that the tenant has any intention of moving. The tenant is well-employed, despite the current national tragedy. In fact, three people in the house are well-employed - they were looking to buy a house. They are not faced with unfortunately common circumstances where the tenant can't afford to move, or other hardship for which tenants are well-protected by Illinois law. These people are just waiting for an ideal opportunity for themselves at the extreme inconvenience of the owner.

    The owner has the utilities in their name. An additional problem now is that the area is not zoned for multi-family tenancy. The owner is concerned that they cannot complain about the noise, verbal abuse, or the situation in general, because technically there are two families now living in the house zoned for one. But it's their house and they don't want the other people there.

    In the State of Illinois, what rights and recourse does a home owner have in this situation?
    Can the owner be fined for code violations?
    Can those fines be transferred to the tenants?
    Are the tenants now considered trespassers since their monthly terms have expired and were not renewed?
    Does acceptance of a rent check constitute further agreement?
    There are text messages confirming most of the details here between the parties. Can a case of breach of contract be brought against someone who 'was' a tenant?
    And how is all of this affected by a ban on eviction now in place due to Covid-19?
    Are courts or law enforcement processing issues like this during this health crisis?

    In summary, how does the owner get to live in their own house again?

    As a side note, the kid in the basement has migraine issues and is sensitive to these issues and perhaps to the basement environment. The large dog is old and is now being forced to go up two flights of stairs. She can't do that anymore. There are other consequential hardships. That makes this time-sensitive.

    Again, I can provide more details about the situation, except the specific location or anything else about the people involved.

    Sincere thanks.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Agreed to Move Out, then Doesn't

    The owner put the second home up for sale, got a buyer, and gave 30+ days notice to the tenant.
    The owner is an idiot for doing that. Should have waited until the tenant was out before committing to the next house. What happened was almost inevitable.

    After many exchanges they came to an amicable agreement. The owner was infuriated with the situation but needed to make plans to move, or get stuck in a hotel with a house of furniture going to storage. The house is a two-flat plus basement, originally the main floor plus "in-law" space upstairs. The agreement was that the owner would move in upstairs, with one of the kids in a finished room in the basement. This would be acceptable for one month to give the tenant time to find a new place.
    Right. After the first screwing, the owner allowed for the inevitable second screwing.

    The owner signed the bogus agreement under duress, knowing it wouldn't hold up in court, and was given permission to move into their own house.
    Of course it will hold up in court. He signed it. He had a choice. He could have refused and made other arrangements, no matter how costly and inconvenient they might have been. And then he could have evicted the scumbag tenant.

    there is really no reason to believe that the tenant has any intention of moving.
    You got that right. The tenant already knows that the owner is a wuss who can be walked over.

    In the State of Illinois, what rights and recourse does a home owner have in this situation?
    He's got a right to get himself an attorney and pay what it takes to get himself out from under this debacle.

    Can the owner be fined for code violations?
    Of course.

    Can those fines be transferred to the tenants?
    Not without a lawsuit and a judgment.

    Are the tenants now considered trespassers since their monthly terms have expired and were not renewed?
    No. The legal term is "tenant at sufferance" or "holdover tenant." It will take a court eviction to get them out.

    Does acceptance of a rent check constitute further agreement?
    Yes.

    There are text messages confirming most of the details here between the parties. Can a case of breach of contract be brought against someone who 'was' a tenant?
    Sure. No way to predict the outcome.

    And how is all of this affected by a ban on eviction now in place due to Covid-19?
    Owner is even more screwed for a longer amount of time.

    Are courts or law enforcement processing issues like this during this health crisis?
    Beats me. A local attorney can probably answer that question.

    In summary, how does the owner get to live in their own house again?
    By hiring a lawyer. Seriously. What the owner got himself into is astronomically beyond his capabilities.

    Again, I can provide more details about the situation, except the specific location or anything else about the people involved.
    No need. You've provided enough details. Now it's time for the owner to get a lawyer.

  3. #3
    Join Date
    Aug 2020
    Posts
    10

    Default Re: Tenant Agreed to Move Out, then Doesn't

    The owner isn't an idiot for selling his first house while assuming tenants will move out. People do that all the time.

    I am not an attorney and not familiar with Illinois laws, but I do own rental properties. Here is what I would do.

    I would move out TODAY and into a weekly-rental or a monthly-rental unit, and put property into storage.

    In my state, if the rent is on a month-to-month basis then the rent can be raised monthly with a 30 day notice. I would send them notice that rent is going up, a LOT, come October first. Like 10 times what they are currently paying. This often gets people to leave, and this is how I usually get tenants I don't want to do business with to leave my properties.

    Come October 1st if they are not out and have not paid the enormous rent, then begin eviction proceedings. I don't know how that goes in Illinois (I suspect it's terrible for the landlord due to the Chicago-driven politics of the state), but in my state I can have them out in 5 days.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 07-28-2017, 05:06 AM
  2. Denial of Access: Landlord Says That We Cannot Move in on the Agreed Move-in Date
    By sherly124 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-23-2013, 12:57 PM
  3. Property Division: Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    By guy_on_a_fence in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 10-09-2013, 03:25 PM
  4. Moving In: Is the Lease Null and Void if a Tenant Doesn't Move in on the Date Agreed
    By emckee in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-29-2012, 11:01 PM
  5. Security Deposits: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In
    By Esther Mas in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-13-2010, 08:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources