Landlord issue/ City's Public Notice

[mikedd]

What is tWhat is the name of your state (only U.S. law)? Illinois

My city's building department gave me 72 hour evacuation notice to evacuate my apartment building . The Landlord owner failed to repair the fuse box and the water was turned off due to a bad leak in the water heater. The city's building dept. gave the 72 hour evacuation notice. The city allowed 4 hours per day for 30 days to remove my personal belongings. It was 1 year ago. It was rain and snow alot so I could not finish moving. I was then locked out of my apartment and the buiding after 30 days, My lawyer said in April 2011 that he would try to talk to the city officials to receive permission to finish moving. My lawyer said 30 days ago he was still working on the matter. He originally said in March 2011 that I can go to court and ask a judge for permission to finish moving.
I discovered a Public notice today. It was in the Public notices for Illinois and originally posted in the city's nespaper. The notice listed the Landlord(owner), and me and 3 tenants who lived there between 2007 until 2009. But they moved out in that time period.
The public notice said the property tax in 2007 had to be paid by February 02,2012 to REDEEM the buiding. Otherwise the building would be for sale to the public. A court date is issued for Feb 09,2012 but warns it may be to late to redeem the property at that time. The public notice says the year 2007 property tax has to be paid by 02/02/2012 to REDEEM the property and the deed to the property.
I discovered the public notice today on the internet. It was issued by the city's buiding dept. in the newspaper so it was on the Illinois Public Notices website. It was originally posted in the city's newspaper on 10/29/11

Do I have a chance for LEGAL recourse? Will I have to pay the year 2007 property tax for the lanlord to finish getting my belongings? He lives in Europe and he may have abandoned the building. I am trying to receive access to the building to finish moving my personal belongings. Much of personal belongings are unreplaceable such as home movies and pictures from when my family and I were young. Also my deceased parent's belongings with sentimental value. Many items are expensive in value. But most is unreplaceable because of sentimental value.he name of your state (only U.S. law)?

 

[mikedd]

I also want to add that Ive been waiting a year now for ny Lawyer to try and locate the Landlord. It made me sick and I've been in the hospital several times due to this. I was in the hospital for 2 days on 12/25 and 12/26/2011 and diagnosed having a minor ulcer. It is from the daily anxiety. I'm not a materialistic person but I have several antique musical instruments which I could use for living expenses up to $40,000+ I had property (renter's insurance) but there are other concerns besides money.
But I am sick because my deceased parent's belongings are there and they are unreplaceable to me. Home movies and pictures and my deceased wife's belongings are still there also. I really became physically and emotionally sick from this waiting .
Now today I discovered the Public Notice. This is the type of thing that makes someone feel hopeless and sick. I really need my things to live on also because I can sell some of my belongings for the higher rent I am paying. I am not working due to a work related injury. But that is a seperate legal matter.
My point is I am sick because I don't know if I will have ANY legal recourse. I may lose my parent's and deceased wife's things which had very sentimental value. But also the monetary value. I had insurance but there are unreplaceable belongings there.

 

[Proserpina]

Please be patient.

Nothing is going to happen over the weekend.

 

[mikedd]

I've been very patient with my attorney since March and April 2011. Look how close this is coming down to the wire now. This is also a survival matter too.
I understand patience is important and it's a holiday weekend. But I'm hoping someone might find something out regarding this type of legal matter or issue. Maybe an attorney or someone will see this type of legal matter and have some information. Thanks for the reply.

 

[Proserpina]

I've been very patient with my attorney since March and April 2011. Look how close this is coming down to the wire now. This is also a survival matter too.
I understand patience is important and it's a holiday weekend. But I'm hoping someone might find something out regarding this type of legal matter or issue. Maybe an attorney or someone will see this type of legal matter and have some information. Thanks for the reply.

Yes, I understand that. But the fact remains - you've basically done nothing whatsoever about it since April. There's at least a chance that your items have been deemed legally abandoned.

 

[sandyclaus]

Yes, I understand that. But the fact remains - you've basically done nothing whatsoever about it since April. There's at least a chance that your items have been deemed legally abandoned.

x2...

If you were so desperate to get your belongings out, you had ample time and opportunity to do so before now. There is no reason YOU could not have contacted city officials yourself about retrieving the remaining property you left behind.

And, most importantly... as Proserpina says, it is more than likely that due to the amount of time that has passed, that your remaining personal property could very well be considered abandoned.

Please refer to the statement in my signature line. I think that it is most appropriate right about now.

 

[mikedd]

No.... that is not true because I immediately told my Lawyer in March 2011. I talked to my lawyer a few times too. (I couldn't keep bothering him also). He said he was working on the matter with the city's building department. So, the city KNEW I didn't abandon any personal property. My lawyer talked to the supervisor of the building enforcement department. The city knew I wanted to use legal remedies to finish moving.

The issue evidently was the Landlord didn't pay for his property tax in 2007. It didn't have anything to do with me abandoning the personal property inside the building. Evidently the building department FOUND OUT about the unpaid year 2007 tax . I never knew about it. I was paying my rent on time every month and I never missed a rent payment. As I originally said: The building department viewed the broken water heater and the bad fuse box. They said it was a fire hazard. Actually those 2 things had just happened. I did alot of repairs in the building with my own money because the landlord lived in Europe. He wouldn't communicate either.
His son said "his father was having big problems with renters at the Prague CZ properties in Europe. I helped maintain that building I lived in since 2001. So, I was just starting to repair the water heater and the fuse box.
.
Evidently the city was TRYING to contact the landlord for a building inspection and he wasn't responding. The building department did inspections about every 3 to 4 years. I was also trying to contact him for about a year! I paid my rent to his son who lived down the street. But his son didn't do any repairs while I lived there.
So, my point is I never abandoned my personal property or the 2 needed repairs at the time of the 72 hour evacuation. Also, my rent was always paid on time. Actually, I paid for repairs with my own money including part of the roof in 2007. (the year the tax wasn't paid). The landlord didn't respond to any of my phone calls to his son or my emails when 3 parts of the roof started leaking very badly in May 2007.

Thanks for you're response and inquiry though. I understand what you may think happened. I should have explained everything better in my original message. I didn't explain it good enough. I immediately contacted my lawyer and he promised to start talking to the building department. Please be aware that the 30 days I was given was for only for 5 hours per day in December 2010It was raining and snowing and very cold with ice and snow on the ground everyday. So I didn't have ample time when you consider I should have had 24 hours access and the ability to use a U-Haul too! I had to push cart everything to the backstreet one block away because there was no parking allowed in front of the building. I had an entire house to move that way.
I live in Chicago. The strange thing is this year there hasn't been 1 snowflake yet any very warm weather here.

 

[Proserpina]

I don't think you understand what you've been told.

But I do think you should speak with a different attorney if your current attorney is not acting in your interests.

December 2010 was a long, long time ago.

 

[mikedd]

I just wanted to mention that I asked the police department if I could use a U-Haul and park it in front of the building to move, They said No!
They said "no one could park in front of the buildings on that street. Because it is too dangerous". The state of Illinois registered the street as a "main highway" during the time I was living there.

The building department supevisor originally told me "I COULD park and use a U-Haul or my personal Chevy s-10 pick up truck in front of the building." The building department supervisor said "he notified the police department that I would be moving". He said " I could park a U-Haul or my truck in front of the building to move."
I actually received a parking ticket the first day I started moving because I parked in front of the building. The police department said "they didn't know anything about the arrangement and the permission that I could park and move in front of the building".
Those were two different departments I was talking to. I told the building department supervisor about the ticket. He didn't respond regarding it. That would have allowed me "ample time" to finish moving in what was very bad weather conditions.
I talked to the building department's secreatry in April and told her my lawyer would be contacting her and the department's supervisor.
The buiding department's secretary told me in April that: " I should be allowed to finish moving" and she said "that wasn't right regarding the parking arrangements and then the sudden parking ticket and refusal to allow me to park and move in front of the building." She said " especially when I was given permission to do so at the start of moving."

 

[mikedd]

To: Prosperina,
You're right. My Attorney took too much time trying to avoid taking the issue to court as I asked him to from the very beginning! But I should have been more bothersome and forcefull with him too though.

He wanted to talk to the building department. This became a tax issue with my landlord and the city. This wasn't about me and not working fast enough to move.

But the property tax issue is why my attorney should have immediately offered me the chance to take the issue to court. So, you are very correct that he should have started something in court by now. He should have found out about the unpaid tax by now! Because look what happened. I only have until February 02, 2012 now.(and the nervous breakdowns will or could get worse everyday now).

That is the main reason I posted the message for some advice or help. I'm in trouble because my attorney didn't really do what I thought he was doing or waiting for legally. So now I had to reach out for some advice and help to see where I stand and if I still have some type of legal recourse.

 

[FarmerJ]

After all this time you do realize the building may have been broken into , things may have been stolen ? I suppose one way to find out if there is any thing left is to first go in person and see your city council person and tell them what has happend re your atty being so dang SLOW and ask them for assistance to get things settled with all involved agents / depts so you can go get the last of your things ALL AT ONCE , no multi day drawn out , all at once. If they can get it all worked out do not blow it , you had more than ample time to get your things before and dont be surprised if the building has leaked now and things are damaged or that it is even more unsafe.

 

[Gail in Georgia]

I agree with FarmerJ; get your butt down to your city council person and try to get the ball rolling on all of this.

No offense but although you're freaking out now, your posting strongly implies this "survival" matter wasn't such a strong survival issue until you read the tax sale notice.

You imply that this took place a year ago, yet you didn't contract an attorney until March and in the meantime you've spoken with this person "a few times" since then. Doesn't appear that having your items in storage for almost a year has been much of an issue with you.

And your sickness involved all of 2 days in the hospital a few days ago.

At any rate, stop whining and start working on this situation come Tuesday January 2nd.

Gail

 

[mikedd]

I understand what you are saying but when you say ample time to move you should consider people like myself get locked out. Nothing was stolen so far or damaged from being able to look inside the building through the windows.

The purpose of the attorney was to deal with the city. But I know what you are saying. But this is a tax and property issue. My lawyer originally said I could use the court system if neccessary. But no....Im not freaking out because I just discovered the Public Notice. Also, They don't admit you in the hosital nowadays unless they see something wrong. So I didn't just freak out and run into the hospital. It had acvtually taken a toll and they diagnosed some tests before they admitted me. I wasn't admitted to the emotional or psych floor. They did diagnostic tests.

But I know what yous are saying but this is a tax issue. Yes, I should go and try some talking on my own in addition to relying on an attorney. And I did tell my Lawyer that all I needed was permission to use a U-Haul in front of the building and to be given a few SPECIFIED days to have the access to the building.
If you read what I said about the parking issue that was important to "ample time", Actually the law in Illinois requires tenants to be issued parking within a certain amount of distance from their residence. The city ignored that law while I lived there.

But I understand what you are saying.
The bottom line though is I don't own the building and I don't own the year 2007 tax. So there was a legal matter that I
was aware of early on. I didn't just forget about it until I had seen the public notice. I had no way of knowing my Landlord didn't ay his property tax from 3 years ago!! I was paying rent on time too and never fell behind on my rent. Actually I went to the building deartment a few times regarding the parking to move. I also told them I wanted to move and needed to use a U-haul and parking in front of the building. But I was denied that access. I posted why in yesterday's message.

At this point, I was just trying to see where I may stand legally providing I didn't do anything wrong. Actually I didn't. I paid my rent on time and now the city is sayoing 4 years later that the tax wasn't paid in 2007?

 

[mikedd]

One comment: I originally asked my attorney if he I could pay him to receive a court order allowing me a specifed amout of days to have access to the building to finish moving. I also asked him if I could pay to get a court order to park in a designated spot next to the building. I told him I was approved to rent a truck from Home Depot or U-haul.

 

[mikedd]

I found this from Google. It directed me to this forum. Someome was renting from a landlord that had unpaid tax. So I was wondering if anyon elsee knows how purchase of tax deeds work in their area. Which will give me an idea of how it may work in Illinois.


Originally Posted by Gail in Georgia
Contact your tax assessors office and ask this question.

In my county a new owner who has purchased a unit on a property tax auction can do nothing to the property for a least a year. The previous owner has that amount of time to come up with what the new owner paid for the property (plus a bit extra) and repurchase it. It's not unusual that a tenant remains in the property for that year period, not paying rent (but also not having anyone they can contact regarding repair issues).

Gail

This is not how a tax deed works.

When you purchase a tax deed you are buying nothing but the right to collect the unpaid taxes on the home. The owner still owns it, collects rent from it if he has it rented, and has all the other rights that he had before the tax sale. If after a set period of time the owner has not paid the taxes off plus interest the buyer of the tax deed can take it to court and take ownership of the property.

Buyers of tax deeds are not in the business to own the home's they are in the business of collecting interest on the "loan " to the landlord for paying his taxes for him. I have bought many a tax lien on homes in Ga. all over the state. a tax lien is not considered purchasing the home until a court says it is. Sure I may have to wait 6 months sometimes to get paid but I never have any kind of rights to the house during that time.

When a tax lien is bought it does not effect the renter paying his rent at all and if they don't pay the owner can and will evict.