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What are tenant rights when the owner forecloses on the multi-unit and the bank takes over?

Brookfield, IL |

This is a multi unit bldg that has 4 units. As a tenant on a month to month lease, what are my options? My lease ended in July 2011 and we have been living their month to month. I also have concerns since the apartment has some safety and other concerns such as: tiles in kitchen are gone leaving sharp edges, no hot water pressure in kitchen sink, drain in bothe the kitchen and bathroom does not drain properly-need plumber for this, dryer doesn't work, etc. They finally removed garbage after over a month of stench. What should I expect as far as paying rent in these conditions and they said we had 2 weeks to vacate the unit. Also, they said they wanted to collect rent from when they took over two months prior, but just posted on the building their contyact information. They are not returning my deposit since they do not know prior conditions, how does that work??? I still have my old lease, is the foreclosed owner responisible for this or the bank since the old owner is the signor. How long does the eviction process take? I do not want to go there, but should I pay the bank rent or until they fix these things. Do I need to document this and if so how?

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Attorney answers 2


You're asking a lot of questions. Bottom line: if the lender has actually taken ownership of the building and all you have is a month to month lease, the new owner can require you to move out on 30 days' notice and if you don't then you can be evicted. As to the security deposit and unless Brookfield has a comprehensive landlord and tenant ordinance that makes the new owner liable for the deposit amount, the foreclosed owner is responsible only because there are LESS than 5 units in you building (Illinois law was changed to protect tenants in foreclosure situations but only where the building contains 5 or more dwelling units). But if there are two adjacent buildings that were foreclosed together by the same lender and now owns both, then you may be over the 5 unit minimum.......


buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.

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