We have a situation that seems complex and we don't know what to do with it. I'm trying to be very concise but please let me know if I'm missing important information.
A home owner in a small Illinois town bought another house and rented the first. After some years and a few tenants, the owner wanted to sell the second home and move back to the first. The yearly agreement for the current tenant had expired and the tenant was month-to-month.
The owner put the second home up for sale, got a buyer, and gave 30+ days notice to the tenant. The timing seemed ideal. The tenant said they understand, they're looking for a new house of their own and they would be out by the time new owner wanted to move back into their home.
Just before moving day the tenant had not left. They presented the owner with written terms, actually a formal agreement where they were positioning themselves as the owners and the actual owner was in the position of a tenant. They said they were going to stay for another month, or longer if they wished, and that they wanted the rent fee decreased - or they weren't going to let the owner move in.
After many exchanges they came to an amicable agreement. The owner was infuriated with the situation but needed to make plans to move, or get stuck in a hotel with a house of furniture going to storage. The house is a two-flat plus basement, originally the main floor plus "in-law" space upstairs. The agreement was that the owner would move in upstairs, with one of the kids in a finished room in the basement. This would be acceptable for one month to give the tenant time to find a new place.
On moving day, with the truck at the house, the tenant once again insisted that the paper be signed or they wouldn't be allowed to move in. The owner had been baited and now had no way out. Many items had already been moved into the garage. There was no place for the owner to go, or the kids, or the dog. The tenant had the owner in a horrible spot. The owner signed the bogus agreement under duress, knowing it wouldn't hold up in court, and was given permission to move into their own house.
Since then, there has been a stream of verbal abuse for no reason against the owner by the tenant. We think there is alcohol involved. No one wants to engage with the tenant about nightly noise and other issues. They just want to get through the month and be done with it.
But there is really no reason to believe that the tenant has any intention of moving. The tenant is well-employed, despite the current national tragedy. In fact, three people in the house are well-employed - they were looking to buy a house. They are not faced with unfortunately common circumstances where the tenant can't afford to move, or other hardship for which tenants are well-protected by Illinois law. These people are just waiting for an ideal opportunity for themselves at the extreme inconvenience of the owner.
The owner has the utilities in their name. An additional problem now is that the area is not zoned for multi-family tenancy. The owner is concerned that they cannot complain about the noise, verbal abuse, or the situation in general, because technically there are two families now living in the house zoned for one. But it's their house and they don't want the other people there.
In the State of Illinois, what rights and recourse does a home owner have in this situation?
Can the owner be fined for code violations?
Can those fines be transferred to the tenants?
Are the tenants now considered trespassers since their monthly terms have expired and were not renewed?
Does acceptance of a rent check constitute further agreement?
There are text messages confirming most of the details here between the parties. Can a case of breach of contract be brought against someone who 'was' a tenant?
And how is all of this affected by a ban on eviction now in place due to Covid-19?
Are courts or law enforcement processing issues like this during this health crisis?
In summary, how does the owner get to live in their own house again?
As a side note, the kid in the basement has migraine issues and is sensitive to these issues and perhaps to the basement environment. The large dog is old and is now being forced to go up two flights of stairs. She can't do that anymore. There are other consequential hardships. That make this time-sensitive.
Again, I can provide more details about the situation, except the specific location or anything else about the people involved.
Sincere thanks.
A home owner in a small Illinois town bought another house and rented the first. After some years and a few tenants, the owner wanted to sell the second home and move back to the first. The yearly agreement for the current tenant had expired and the tenant was month-to-month.
The owner put the second home up for sale, got a buyer, and gave 30+ days notice to the tenant. The timing seemed ideal. The tenant said they understand, they're looking for a new house of their own and they would be out by the time new owner wanted to move back into their home.
Just before moving day the tenant had not left. They presented the owner with written terms, actually a formal agreement where they were positioning themselves as the owners and the actual owner was in the position of a tenant. They said they were going to stay for another month, or longer if they wished, and that they wanted the rent fee decreased - or they weren't going to let the owner move in.
After many exchanges they came to an amicable agreement. The owner was infuriated with the situation but needed to make plans to move, or get stuck in a hotel with a house of furniture going to storage. The house is a two-flat plus basement, originally the main floor plus "in-law" space upstairs. The agreement was that the owner would move in upstairs, with one of the kids in a finished room in the basement. This would be acceptable for one month to give the tenant time to find a new place.
On moving day, with the truck at the house, the tenant once again insisted that the paper be signed or they wouldn't be allowed to move in. The owner had been baited and now had no way out. Many items had already been moved into the garage. There was no place for the owner to go, or the kids, or the dog. The tenant had the owner in a horrible spot. The owner signed the bogus agreement under duress, knowing it wouldn't hold up in court, and was given permission to move into their own house.
Since then, there has been a stream of verbal abuse for no reason against the owner by the tenant. We think there is alcohol involved. No one wants to engage with the tenant about nightly noise and other issues. They just want to get through the month and be done with it.
But there is really no reason to believe that the tenant has any intention of moving. The tenant is well-employed, despite the current national tragedy. In fact, three people in the house are well-employed - they were looking to buy a house. They are not faced with unfortunately common circumstances where the tenant can't afford to move, or other hardship for which tenants are well-protected by Illinois law. These people are just waiting for an ideal opportunity for themselves at the extreme inconvenience of the owner.
The owner has the utilities in their name. An additional problem now is that the area is not zoned for multi-family tenancy. The owner is concerned that they cannot complain about the noise, verbal abuse, or the situation in general, because technically there are two families now living in the house zoned for one. But it's their house and they don't want the other people there.
In the State of Illinois, what rights and recourse does a home owner have in this situation?
Can the owner be fined for code violations?
Can those fines be transferred to the tenants?
Are the tenants now considered trespassers since their monthly terms have expired and were not renewed?
Does acceptance of a rent check constitute further agreement?
There are text messages confirming most of the details here between the parties. Can a case of breach of contract be brought against someone who 'was' a tenant?
And how is all of this affected by a ban on eviction now in place due to Covid-19?
Are courts or law enforcement processing issues like this during this health crisis?
In summary, how does the owner get to live in their own house again?
As a side note, the kid in the basement has migraine issues and is sensitive to these issues and perhaps to the basement environment. The large dog is old and is now being forced to go up two flights of stairs. She can't do that anymore. There are other consequential hardships. That make this time-sensitive.
Again, I can provide more details about the situation, except the specific location or anything else about the people involved.
Sincere thanks.
