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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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My mother-in-law died suddenly. She did not have much money,

Customer Question

Hello. My mother-in-law died suddenly. She did not have much money, barely enough to pay for her funeral. She rented a house and the rent was paid through February. She died March 4. The landlord is demanding March rent, but we simply do not have the money, the estate does not have any money. She is threatening to lock us out and not allow us to get her belongings. We have started moving things out, but she had a ton of stuff and it will take a lot of work. What are our rights in this situation. What can the landlord do legally? Are we responsible for paying the rent. There is currently only $97 in my mother-in-law's account. She will receive one last social security check, but it's not enough for rent and the remainder of her funeral expenses. She had no will.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Legally, she (or her estate) is liable for the March rent since rent is due for the month at the beginning of the month under most lease agreements. As such, the landlord is within his legal right to take measures to see that rent is collected. However, Illinois law prohibits so-called "self help" remedies. For you, that means that the landlord cannot change the locks without going to court to get an order to do so first. If he does that, you would have to take him to court to force him to allow you back in the home.

Expert:  Chris T., JD replied 1 year ago.

I understand that it comes at a cost to bring suit against the landlord, but you can try various pro bono legal services, who can represent you for free or at reduced costs if you qualify. http://www.illinoisprobono.org/

Expert:  Chris T., JD replied 1 year ago.

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