Recent Feedback
My father-in-law owned real property with two tenants. He is now deceased and his mortgage company has been notified. Since notification to the mortgage company, I've heard nothing further from them and the mortgage has not been paid for the last 3 months. I have notified both tenants, in writing, that I can no longer sustain the property and have notified them that they can live out their last month's rent and vacate the property no later than July 30. I have continued to maintain property insurance but will be notifying the mortgage company that I will be cancelling the property insurance effective July 30 and terminating the gas and water services, which are in my father-in-laws name. Am I on solid legal grounds with the actions that I am taking? What happens if the tenants refuse to move out as requested. What actions should I take thereafter?
Optional Information: Country relating to Question: United States State (if USA): Illinois Already Tried: My father-in-law owned real property with two tenants. He is now deceased and his mortgage company has been notified. Since notification to the mortgage company, I've heard nothing further from them and the mortgage has not been paid for the last 3 months. I have notified both tenants, in writing, that I can no longer sustain the property and have notified them that they can live out their last month's rent and vacate the property no later than July 30. I have continued to maintain propert
Hello and welcome,When do the tenants' leases terminate or are they month to month tenants at this point?
Tenants are on a month-to-month lease, but they were notified on May 15, 2012 that they will be living out their final month rental payments that were made at the time of occupancy, for the month of June. 1st floor tenant's lease ends, July 14, and the 2d floor tenant's lease ends July 10.
I see.Since the leases expire in July, providing them notice that they must vacate by the end of July is typically legal as the law normally provides that they be given 30 days notice to terminate. Since they have been provided more than required by law, this would typically constitute sufficient notice under the law.If the tenants do not move out as required, then one would normally begin the eviction process by filing suit for unlawful detainer with the local court, seeking to have an order of eviction entered against them.It should be noted that one should not normally shut off utilities, change locks or engage in other self-help activities in order to get the tenants to move out as this is normally illegal under state law. Rather, a court order of eviction must be sought and obtained.\Here is a link that provides more information for you:http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_Content&contentID=711
Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. To ask a follow-up question or request clarification of my answer, please press the "Continue Conversation" button to reply to me. Thank you and all the best to you!
Tina
This is a follow-up questions.... since my father-in-law (who is now deceased) was the owner of the property and the insurance and utilities were in his name, what obligation do I have to continue paying the insurance and utilities? The mortgage company has been notified that he is deceased and has no assets. I will also be letting them know that the insurance and utitlies will also be taken out of my father-in-law's name.
Hello again,His estate would normally be liable to the tenants unless someone receives ownership of the property or expressly agrees to be liable to the tenants.You would not have an obligation to the tenants normally, but neither could you have the utilities shut off. The utility companies may shut them off for non-payment, but you should not take steps to have them shut off normally. In addition, you should provide notice to the tenants if you anticipate that the utilities will be shut off because you do not agree to be held liable for them.I hope that helps clarify my answer for you.Good luck and take care.
Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. To ask a follow-up question or request clarification of my answer, please press the "Continue Conversation" button to reply to me.
Experience: JD, BBA Over 20 years legal and business experience.