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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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I own two adjacent condos in a Chicago condo assn. My neighbor,

Resolved Question:

I own two adjacent condos in a Chicago condo assn. My neighbor, a real estate attorney, leased some storage space assigned to one of the condos from the the tenants at the time. They moved over eight years ago and I have not rented the condo since then. She has continued to occupy that common storage space. She has never said a word to me or written me anything about the use of the space nor provided any sort of consideration. I would like to have the space assigned to my unit back. Can I simply give her a ten day notice to remove any possessions (legal records since she works out of her unit)? The Board of Directors assigns storage space for units and has never been involved with her use or the space.l
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under Illinois law, you may only lease property interests that you are entitled to. In this case, the tenant was entitled to the storage space, but only for a limited duration (the time allotted in the your lease to the tenant). Thus, the attorney/tenant could not have entered into a lease for a longer period.

J.Hazelbaker :

As such, you have a legal right to terminate the occupation of the storage unit.

J.Hazelbaker :

However, a ten day notice is proceeding in a way that would be deemed aggressive by the attorney. That may pick a fight unnecessarily.

J.Hazelbaker :

Instead, I would proceed with a letter, sent Certified Mail Return Receipt Requested (so you can prove your sending and their receiving) that terminates the lease at the end of 30 days.

J.Hazelbaker :

This is the typical period under Illinois law for the termination of month-to-month, unwritten tenancies. A real estate attorney will know this and accept this.

J.Hazelbaker :

Better to go for longer notice, than risk a having to evict. The eviction notice may only be 10 days, but, if they don't move, the eviction lawsuit and order to vacate can take substantially longer.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

For a lease to exist doesn't there need to be some consideration provided such as money or services?

J.Hazelbaker :

Yes. But, there is an argument that the failure to pay consideration would simply be a breach of the original tenancy agreement. You want to avoid a contentious legal battle. The best way to do that is to be more than reasonable in approaching the attorney. Many attorneys are competitive and arrogant. They can make life miserable, even when they don't have a winning case (and can turn a losing case into a winning win using procedural tricks). You want to avoid that, which I why I suggest proceeding with the minimum notice provided under law where the lease is assumed (but not legally admitted) valid.

J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience: Extensive experience and training in real estate matters.
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