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Is This Eviction Summons Illegal

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SEEKAH

Junior Member
What is the name of your state? Illinois

I am being evicted by the new landlord. The former landlord sold the property to the new landlord and told the new landlord that I owed more money than I owe.

My questions are: If the amount on the summons is excessive, and therefore it is incorrect, what is normally a remedy from the courts in this case? And what should I do to defend myself in court?

It should also be noted that:

1. Both Landlords do accounting or have accountants.

2. Obviously the second landlord filed the summons without first verifying as to what the amount actuallly owed was.What is the name of your state?
 


BL

Senior Member
Well , you prove the amount you have paid .

If you are behind ( owe ) rent to the new , then the new LL can take action .

You probably received a pay or quit .

What you owed the prior landlord may be irrelevant anyways .

That rent is between you and he/she/them . He/She/They would have to sue you for it .

If your current with your new LL , I don't think he/she could evict you for what you owe the prior LL .

Check with a Local Attorney .
 
Last edited:

>Charlotte<

Lurker
Yeah, what BL said. I mean, it seems kind of obvious. You present evidence of what you were supposed to pay, and you also present evidence of what you did pay. You're also probably going to need to show that what you paid was paid in accordance with the terms of your lease.
 

SEEKAH

Junior Member
Seekah

Thank you for your reply.
1. I am not certain if I understand the reply completely so if I may:
a.Am I to assume that I only owe the new landlord for rent from the time that the new landlord became the owner?

b. And the first landlord will have to collect any rent past due forthemselves while they were landlord?

2. My original question was: Since the new landlord says in the summons that I owe him $1500.00 when I only owe him $1200.00 wouldn't that make the summons illegal because the amount is wrong.
a. Will a Judge dismiss the eviction summons if the amount is incorrect?
 

BL

Senior Member
Thank you for your reply.
1. I am not certain if I understand the reply completely so if I may:
a.Am I to assume that I only owe the new landlord for rent from the time that the new landlord became the owner?
It would seem that way if the property was sold to an outsider . Consult an Attorney .

b. And the first landlord will have to collect any rent past due forthemselves while they were landlord?
The only thing the old owner/landlord has to turn over to the new one is the security deposit , the lease provisions still stay in effect .

2. My original question was: Since the new landlord says in the summons that I owe him $1500.00 when I only owe him $1200.00 wouldn't that make the summons illegal because the amount is wrong.
My advice may be wrong . Read the FA TOS , and consult an attorney .

a. Will a Judge dismiss the eviction summons if the amount is incorrect?
No.

Have you paid the new landlord rents , and are you up to date ?
 
I think I have to respectfully disagree about one issue (and certainly agree about consulting a lawyer, which is what OP needs).

If the lease has been assigned by the old LL to the new LL, the new LL can collect all sums due to the old LL and the new LL. A lawyer is going to have to read the lease and see what it says about assignment. It is not at all unusual that when a property gets sold, the old owner assigns his claims against the tenants to the new owner. However, like when debt gets sold, the tenant is entitled to proof that the new landlord has the right to collect the past due rent, and to have the amount due verified.

Bottom line, OP: it is highly likely that you will be required to pay all past due rent to either LL to avoid an eviction.
 

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