Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out... View More 
answered on Apr 13, 2021
The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis.... View More
The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.
answered on Mar 27, 2021
Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... View More
answered on Mar 25, 2021
To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:
1. Adding your name to the title.
2. She can leave it to you in her will.
3. She can put it in a trust... View More
Designation which states "not in tenancy in common but in joint tenancy" what does this Designation mean? Let's see who is the smartest attorney out there?
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answered on Mar 11, 2021
Generally that means the survivor of the three grantees take the fee simple absolute. The two predeceasing grantees estates are extinguished and their heirs/devisees take nothing. Before you act on this explanation, you should hire a competent attorney to perform a title search.
My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.
answered on Mar 8, 2021
There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.
Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.
answered on Feb 11, 2021
Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.
Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house
answered on Jan 3, 2021
An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... View More
She told the contractors I hired to do the work not to touch her tree. At no time were they on her property
answered on Dec 11, 2020
Yes - Technically your property extends from the ground up. That being said, many contractors are hesitant to cut portions of a neighbor's tree since they do not want to be caught up in a legal dispute. Also, I'm sure they would want to be darn sure where the property line is....
This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.
answered on Nov 20, 2020
This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.
I... View More
1) transfer taxes were not paid
2) transfer stamps not on the filed deed document
3) purchaser's signature not on the document.
Is the sale valid or is it void?
answered on Nov 19, 2020
Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be... View More
What document do I use? If it's a quitclaim deed, what name is listed as the grantor? The deceased person, or "The Estate of ...."? I would be the one signing it, as the administrator. The current deed is in the deceased's name solely.
answered on Oct 26, 2020
I have to be blunt: You shouldn't attempt to do this without using a lawyer.
We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:
1. Fencing is... View More
answered on Oct 22, 2020
Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... View More
The landowner I am purchasing it from allowed a friend of his to put a mobile home on the property until it was sold. I have put 2000$ down on this property. How can I get this person to legally leave
answered on Oct 19, 2020
When you have title to the property (after closing) you'll be able to evict someone. The mere fact you're in the process of buying it is not enough.
I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... View More
answered on Oct 13, 2020
Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.
i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then... View More
answered on Sep 29, 2020
Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is... View More
can i sue to quite the title
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answered on Sep 28, 2020
You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without... View More
answered on Sep 15, 2020
On a general basis, the answer is no. Earned commissions should be paid. However each case is dependent on its facts. I presume you have a contract and that should be reviewed. I would recommend you consult with an attorney to review and discuss the details.
My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... View More
answered on Sep 10, 2020
I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.
The mortgage is in my wife's name, but I am listed as a "tenant by entirety."
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answered on Sep 10, 2020
Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... View More
I live in a duplex attached to my neighbor with a common wall. It’s been determined the water damage in my basement that has led to mold was caused by a problem in her basement. Can I sue her??
answered on Sep 9, 2020
Based upon your description you can make a claim. It would be best if you found out the name of their insurance company and make the claim and determine the insurance company position, ie: pay the claim or deny. If denied then you would have to file suit. Another option is to explore whether your... View More
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