New Owner Eviction Rights

Summary

A new property owner in Illinois can evict tenants but must comply with existing lease terms and the Illinois Forcible Entry and Detainer Act. If theres no written lease, a verbal agreement is treated as a month-to-month lease, requiring at least 30 days notice before eviction. If the previous owner was involved in a court case, the new owner inherits the situation and may need to continue the proceedings. The seller is usually required to disclose any ongoing lawsuits related to the property. If the new owner unknowingly purchases a property with an ongoing court case, they may seek legal recourse against the seller. In court, the new owner can potentially intervene as a third party if their legal interests are substantially affected.

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Illinois
Yes, in Illinois, a new property owner can evict tenants, but they must comply with the stipulations of the existing lease and the Illinois Forcible Entry and Detainer Act. This includes providing proper notice and following due process.
Can a new owner purchase a land that a tenant is in court
Yes, a new owner can purchase a property even if a tenant is in court. However, the new owner would inherit the existing lease agreement and would have to abide by its terms until it expires, including any ongoing legal proceedings.
If there is kbow leasev
It seems there might be a typo in your question. Are you asking what happens if there is no lease in place?
Verbally given
If there's a verbal lease in Illinois, it's treated as a month-to-month lease. The new owner must give at least 30 days' notice before eviction. However, proof of this agreement may be challenging.
What if old owner was in court
Are you asking what happens if the old owner was in a court case when the property was sold? Answer: If the old owner was in court, the new owner inherits the situation. They would need to continue the court proceedings or resolve the issue as the new property owner.
Thevnew owner dont know the situation
Are you asking if the new owner has a legal obligation to be informed about the ongoing court case before purchasing the property?
Yes
In Illinois, the seller is usually required to disclose any ongoing lawsuits related to the property. However, if the new owner unknowingly purchases a property with an ongoing court case, they may seek legal recourse against the seller for failing to disclose this information.
Can the step in as a third
Are you asking if the new owner can intervene in the ongoing court case as a third party?
Can they step in as a third party
Yes, in Illinois, a new owner can potentially intervene in an ongoing court case as a third party. However, they will need to show that their legal interests may be substantially affected by the outcome of the case. It's advisable to consult with a legal professional for guidance.
Do they have to give me an eviction notice
Yes, in Illinois, landlords must give tenants a written eviction notice. The notice period depends on the reason for eviction. For non-payment of rent, it's a *-day notice. For lease violations, it's a *-day notice. For no cause, it's a *-day notice for month-to-month tenancies.
What would be substancially affected
"Substantially affected" generally refers to the new owner's legal, financial, or property interests being significantly impacted by the outcome of the case. For example, an ongoing eviction case could affect their ability to use or rent out the property.
So this is actually a dispute between me and the man who verbally gave me the property
To clarify, are you currently living on the property and having a dispute with the previous owner who gave you the property verbally?
Yes
Has the verbal agreement been discussed in court or documented in any form?
No
In a verbal agreement dispute in Illinois, it may be difficult to prove your case without any form of documentation. Have you considered seeking legal advice to understand your options better?
However 31 years of no complaints from who gave it to me
Did you have uninterrupted possession of the property for 31 years with no objections from the previous owner? This could potentially be a case of "adverse possession" under Illinois law. However, specific conditions must be met. It's best to consult a lawyer.
Yes
Based on your information, you might have a claim under Illinois' adverse possession law. This requires:
- Uninterrupted possession for 20 years
- Use of land that is open, notorious, and adverse to the true owner's rights
- Payment of property taxes for * consecutive years
Please consult with a local attorney to discuss your case.
So if you were representing yourself how would you approach judge tommorrow
If representing yourself, it's important to:
- Be respectful and professional
- Clearly present your case, mentioning your adverse possession claim
- Bring any evidence of your long-term uninterrupted use of the property
- Mention any payments you made, like property taxes.
Remember, it's best to consult a lawyer.
So i just ask the judge thwm about adverse property clain
Yes, you can raise the issue of adverse possession. Explain your situation clearly, including the duration and nature of your possession of the property. Remember to be respectful and professional. Consulting a lawyer is highly recommended.
It is not actually me its my father and he dont know how to say it
Is your father comfortable speaking in English, or would he prefer another language? Also, would he be open to having a lawyer present to help him communicate his case more effectively?
Yes
That's good. In court, he should explain the situation clearly and mention the term "adverse possession". If he's uncomfortable or unsure, would he consider consulting with a lawyer before the hearing?
Nobody will represent him and he has no money
In such a situation, your father can approach legal aid societies or pro bono programs that provide free legal representation to those who can't afford it. He can contact the "Illinois Legal Aid Online" or the "Legal Assistance Foundation of Metropolitan Chicago".
No legal aid
In that case, he can still represent himself. He should clearly explain his situation, mentioning his claim of "adverse possession" and his long-term uninterrupted use of the property. It may also be helpful for him to bring any proof of property tax payments.
So please use an example on how he should use the adverse possesion
In court, your father can say something like, "Your Honor, I would like to claim adverse possession on this property. For 31 years, I have openly lived on and maintained this property without any interruption or dispute from the previous owner. I have also paid property taxes for more than * consecutive years".
But he dont have any recipts
In the absence of receipts, your father could use other forms of proof. For example, evidence of payment made to the tax department through bank statements or checks, or showing improvements he's made to the property. It's crucial to present whatever evidence he has.
He gave it to the original owner
To clarify, did your father give the property back to the original owner? Or are you saying he paid the property taxes to the original owner?
He paid taxes money to original owner
If your father paid property taxes to the original owner, it may complicate the adverse possession claim. However, if he can provide any proof of these payments or any witnesses, it could support his case. I recommend seeking legal advice for more detailed guidance.
Why would that complicate his case
Paying taxes to the original owner could suggest recognition of their ownership. It could weaken the claim of acting as the owner for "adverse possession". Legal advice is highly recommended.
So i shouldnt bring up paying the original owner * a year
If your father paid the original owner yearly, it may indicate he recognized the owner's rights. This could impact an adverse possession claim. However, every case is unique. Is it possible to consult a pro bono attorney before the court date?
The original owner said if you give me * a year towards property tax its your he didnt want to do paper work
To clarify, did the original owner communicate this agreement to your father in front of any witnesses or through any written communication? This could potentially support your father's claim.
In front of a witness i can not locate
Given the situation, it would be helpful to mention this agreement in court. While the absence of the witness complicates things, it's worth sharing all details. Again, consulting with a legal professional is strongly advised.
Therebis no attorney that will help we have tried
I'm sorry to hear that. Your father can still represent himself in court. He should explain the agreement with the original owner and his uninterrupted use of the property for 31 years. This should be outlined as an adverse possession claim. Any evidence or witnesses could support his case.
What if i asked for jury trial and the plaitiff did a motion to strike
In Illinois, if a plaintiff files a motion to strike your demand for a jury trial, the court will consider it. If the court grants the motion, the case will be heard by a judge alone. It's recommended to consult with a lawyer for guidance.
But the judge is on there side
If you believe the judge is biased, you can file a motion for substitution of judge in Illinois. Each side has the right to one substitution without showing cause, provided it's filed at an appropriate time. Consult a lawyer for guidance.
Can i ask for substituion judge when they denigh my jury demand
In Illinois, you can file a motion for substitution of judge if you believe the judge is biased. This must be done before the judge makes any substantial rulings on the case. It's recommended to consult with a legal professional for guidance.
So we can hear out wheter the judge will allow motion to leave and add third party
To clarify, are you asking if the judge can allow a motion to add a third party to the case? Answer: Yes, in Illinois, a judge can grant a motion to add a third party to a case if it's relevant to the dispute. However, this is at the court's discretion. Consulting a legal professional is advised.
So if i get a substitution judge will the third party still be allowed
If you obtain a substitution of judge in Illinois, the new judge would review the previous judge's decisions. If the previous judge allowed a third-party addition, the new judge could uphold or reconsider this decision, based on the case's merits.
Even if its on the day of bench trial
In Illinois, a motion for substitution of judge should generally be filed before the trial begins. If it's the day of the bench trial, it might be too late. However, different judges may interpret the rules differently. It's advisable to consult with a legal professional.
So can i fill out a motion before court
Yes, you can file a motion before the court date. However, ensure it's done in a timely manner and follows proper procedure. Consulting with a legal professional can provide guidance.