Tenant landlord issues and house for sale no lease

[tigresskiss]

What is the name of your state?What is the name of your state? ILLINIOS
I have lived in a rental for 3 and half years my current landlord is dead. His wife is trying to sell the house this was my previous lease with him prior to his death. I (My name) rent said property (address of property) I pay X amount of money per month and I pay for all up keep and maintainace. also X amount of late charge if not paid by the 10 th and I must give 30 days to landlord apon moving or not renewing the lease after the original year was up. Now My question is this My landlord Died and lease is still with him. I have been paying the wife Now I have 1 outside wall clasping the House is sliding off the foundation the floors in 2 rooms are clasping and She told me she will do no more repairs and I have to move If I don't like it. Also she is trying to sell it with substandrd wiring I have had 2 fires here she knows about. The house floods under it after every heavy rain. I also have 2 inside wall clasping. The house is infested with termites and has asbestos siding on it. What are mine and my childrens rights at this point or do I have any at all?I am just so frustrated with it all. Please advice as to weather I need to seek legal councel on this or is it even worth it? Jen

 

[tigresskiss]

Moving has not been an option

Due to health issues I have no way of moving or financing a move.

 

[HomeGuru]

What is the name of your state?What is the name of your state? ILLINIOS
I have lived in a rental for 3 and half years my current landlord is dead. His wife is trying to sell the house this was my previous lease with him prior to his death. I (My name) rent said property (address of property) I pay X amount of money per month and I pay for all up keep and maintainace. also X amount of late charge if not paid by the 10 th and I must give 30 days to landlord apon moving or not renewing the lease after the original year was up. Now My question is this My landlord Died and lease is still with him. I have been paying the wife Now I have 1 outside wall clasping the House is sliding off the foundation the floors in 2 rooms are clasping and She told me she will do no more repairs and I have to move If I don't like it. Also she is trying to sell it with substandrd wiring I have had 2 fires here she knows about. The house floods under it after every heavy rain. I also have 2 inside wall clasping. The house is infested with termites and has asbestos siding on it. What are mine and my childrens rights at this point or do I have any at all?I am just so frustrated with it all. Please advice as to weather I need to seek legal councel on this or is it even worth it? Jen

**A: yes, hire an attorney.

 

[JETX]

Your post kind of rambles about issues that are not relevant (example: It makes no difference whether your lease was with him or her.... he died, it is now hers).

In any case, you ask:
"What are mine and my childrens rights at this point or do I have any at all?"
*** Contrary to other responses... you have no rights other than for the next 30 days. You have the right to pay rent and remain... or to give a 30 day notice to leave and move.
You have NO other 'rights'.... and NO need to hire an attorney.

 

[HomeGuru]

*** Contrary to other responses... you have no rights other than for the next 30 days. You have the right to pay rent and remain... or to give a 30 day notice to leave and move.
You have NO other 'rights'.... and NO need to hire an attorney.

**A: what other responses? There was only one single response.

 

[JETX]

A: what other responses? There was only one single response.

Yep.......

 

[HomeGuru]

Your post kind of rambles about issues that are not relevant (example: It makes no difference whether your lease was with him or her.... he died, it is now hers).

In any case, you ask:
"What are mine and my childrens rights at this point or do I have any at all?"
*** Contrary to other responses... you have no rights other than for the next 30 days. You have the right to pay rent and remain... or to give a 30 day notice to leave and move.
You have NO other 'rights'.... and NO need to hire an attorney.

**A: I disagree. This writer does have more rights than to just pay rent and remain. The writer has a right to live in a safe and healthy environment and the landlord has a duty to make sure that action is taken such that the property is habitable, even during the m/m tenancy period.
It appears that the writer does not want to move, so my advice in hiring the attorney is sound. A good attorney would bring up the warranty of habitability and repair and deduct statute. Since the landlord has not given written notice to terminate the lease, written notice to the landlord to repair certain items would be prudent, especially the electrical system. A 14 day correction notice would be given. If the landlord gave the tenant notice to terminate the m/m lease after the 14 day repair notice was given, it could be alleged that the eviction is in retaliation. Lastly, the writer stated that she was responsible for all repair and maintenance of the property. While no specifc items were discussed, it may be possible that the tenant may have been liable per the lease for landlord repair and maintenance items.

 

[JETX]

**A: I disagree. This writer does have more rights than to just pay rent and remain. The writer has a right to live in a safe and healthy environment and the landlord has a duty to make sure that action is taken such that the property is habitable, even during the m/m tenancy period.

In an ideal world, that would be true. However, since the writer does not have a term lease, the landlord can simply terminate the at will lease with a 30 day written notice.
And based on the information provided by the writer, there is little, if any, chance that the landlord will do the needed repairs.

 

[HomeGuru]

In an ideal world, that would be true. However, since the writer does not have a term lease, the landlord can simply terminate the at will lease with a 30 day written notice.

**A: correct, and that would set up a claim by the tenant for a retaliation eviction.
********
And based on the information provided by the writer, there is little, if any, chance that the landlord will do the needed repairs.

**A: now that's an item that we can both agree on.

 

[JETX]

Actually, I have a better answer for this post.....
Go to: http://www.weblocator.com/attorney/il/law/resreal.html#230

 

[HomeGuru]

That's good. Real good.

 

[tigresskiss]

OK Explain better I hope

I left out a few things. These things have been wrong with the house since Day 1. And as for me doing up keep and repairs Yes I have done them And Paid the rent in full Cuz they told me Nothing could come off the rent. But regardless I'm a renter not the owner and I will not and Are Not responsiable for a structure Prolbem. Meaning if the roof falls in which by the way it is I don't have to fix it that is the owners job. If I keep paying rent and fixing walls to keep them up, then they should just sign the place over to me Cuz I see it as Owners work not the renter. Of coarse I may be wrong. Respectfully Tig

 

[HomeGuru]

I left out a few things. These things have been wrong with the house since Day 1. And as for me doing up keep and repairs Yes I have done them And Paid the rent in full Cuz they told me Nothing could come off the rent. But regardless I'm a renter not the owner and I will not and Are Not responsiable for a structure Prolbem. Meaning if the roof falls in which by the way it is I don't have to fix it that is the owners job. If I keep paying rent and fixing walls to keep them up, then they should just sign the place over to me Cuz I see it as Owners work not the renter. Of coarse I may be wrong. Respectfully Tig

**A: Ok, list 10 of the major items and the estimated cost of such repair work.