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I have a purchase agreement with a two year lease (in plainfield…

Customer Question
I have a purchase agreement...
I have a purchase agreement with a two year lease (in plainfield illinois which is in will county)in place which will be expiring 7/1/2012 at which point we will be closing a downpayment of $60,000+$3000.00 security deposit. In the mean time the seller/landlord keeps insisting on having an inspection of said property when there is no need for repairs nor is the property being rented or sold. What can I do to stop her harassing?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
3/3/2012
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago
Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,811
Experience: Commercial and residential leases in NY & NJ & US
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Am I correct that you have exercised the option to purchase so there is no question that you will be going forward with the purchase? Also, do you have the right to complain about the condition of the property or do you take the property as is?
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Customer reply replied 6 years ago
Yes we have exercised the option to purchase house a contract agreement is in place with a two year lease agreement. We gave her $60,000.00 as a down payment with a $3,000.00 security deposit and are paying $1500.00 a month for rent. So she has $63,000.00 of our monies. Right now we are in the process of trying to obtain financing so that we will be ready to close by 7/1/12 as per agreement. Yes she is also responsible for any repairs that might occur during the two year lease. Right now there is nothing in need of urgent repair.
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

What I suggest with respect to the inspection is that it be scheduled for two weeks before your anticipated closing. This gives her the right to make sure that there are no surprises and both parties can agree on the condition of the property so there is no issue after the closing about repairs that were not done. Unless there is something broken now, an inspection is much too early to have any meaning.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer reply replied 6 years ago
What if she is insisting on having a monthly inspection just because she believes she has every right to access per paragraph 11 of rental lease agreement and that she can examine said property isn't that an invasion of possession and privacy?
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

Illinois does not have a statute governing inspections. You have the right not to be bothered in your tenancy unless there is a need for maintenance or an emergency repair. General inspections are not a sufficient basis and you can refuse on that basis.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer reply replied 6 years ago
sorry what does statute mean?
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago
A law that governs the legal issue in question. Illinois does not have a statute although many other states do have such statutes.
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Customer reply replied 6 years ago
One more thing can you give me your interpretation of this verbige: ACCESS: LESSOR SHALL HAVE FREE ACCESS TO THE PREMISES AT ALL REASONALBE HOURS, AND AT ALL TIMES IN CASES OF EMERGENCY, FOR THE PURPOSES OF EXAMINING OR EXHIBITING THE SAME FOR SALE OR RENT OR FOR MAKING ANY REPAIRS TO THE PREMISES WHICH THE LESSOR MAY DEEM FIT TO MAKE.
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

She can enter for emergencies, for showing the place for sale or rent to to make repairs that the landlord needs to make. She cannot come in for general inspection. That is what I would consider a reasonable interpretation that respects your rights as tenant.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer reply replied 6 years ago
tHANK YOU
Customer reply replied 6 years ago
tHANK YOU, XXXXX XXXXX AND HER ATTORNEY ARE THE ONES THAT ARE MISCONSTRUING THIS PROVISION AND ONLY TAKING "EXAMING" AS THE KEY WORD FOR HER TO THINK THAT SHE CAN INSPECTION AT ANY TIME.????
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

Yes you are correct on the interpretation. If I have answered your questions, please accept the answer as that is how I am compensated.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,811
Experience: Commercial and residential leases in NY & NJ & US
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Customer reply replied 6 years ago
CAN SHE TAKE ME TO COURT IF I DON'T LET HER INSPECT?
Customer reply replied 6 years ago
ANOTHER ATTORNEY FROM JUSTANSWER SAID THAT SHE CAN INSPECT SO WHO IS RIGHT???
Customer reply replied 6 years ago
CAN SHE TAKE ME TO COURT IF I DON'T LET HER INSPECT? ANOTHER ATTORNEY FROM JUSTANSWER SAID THAT SHE CAN INSPECT SO WHO IS RIGHT???
Customer reply replied 6 years ago
Relist: Incomplete answer.
I HAD TWO DIFFERENT ANSWERS
Customer reply replied 6 years ago
Relist: Other.
TWO DIFFERENT ANSWERS
Customer reply replied 6 years ago
Relist: Other.
TWO DIFFERENT ANSWERS
Customer reply replied 6 years ago

two different answers

 

Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

She has to have a reason to inspect she just can't demand to inspect for no reason. If she does that she interferes with your right to quiet enjoyment. If she was going to take you to court she would have to have a reason for inspection. If there is no repair needed, then she has no reason to inspect. Then her actions are just harassment.

 

Thank you for accepting the answer.

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