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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: My grandfather passed away yer ago and now is his home is for sale. Can I purchase through FHA?

My grandfather passed a year ago. His home is now for sale through his estate. As his grandchild, am I able to purchase the home through FHA?

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

Yes. You can contact the administrator and make an offer. You will not get a special, family deal. The administrator can only take a fair market offer. You might ask the administrator to get an appraisal.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: renting from mother, no lease. can she kick us out and/or can we sue her

we're talking slumlord level. she won't fix up the place and we're not allowed to fix it with our own money. the electricity is not up to code, no central air, broken tiles in the bathroom, rotted wood underneath floor in one area, windows with no insulation. our fault in this... Read more »

Robert Shipley
Robert Shipley answered on Jul 27, 2020

Fundamentally, if you do not have a written lease, you can provide 30 days notice and then vacate. The landlord has the responsibility to provide a habitable apartment and of course you have the obligation to timely pay the rent. Perhaps the landlord's attitude is that they are being... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do we establish property percentage of ownership?

My siblings and I were given a property to act as our inheritance. The property has no mortgage and we are all listed as owners on the deed. We did not establish an LLC nor have we determined a percentage of ownership - I think it was assumed to be 1/3, 1/3, 1/3. However, my siblings live nowhere... Read more »

Robert Shipley
Robert Shipley answered on Jul 23, 2020

Based upon your description you and your siblings have an equal ownerhip percentage. For that to change would require the consent of your siblings and depending on what the usage of the property, it may be appropriate to consider forming an LLC. It would be best to consult with an attorney whose... Read more »

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: Built home last year and the builder has our home photos all over his builders realty website. Not in our contract.

The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... Read more »

1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... Read more »

James Kottaras
James Kottaras answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: My grandparents passed and they left the house to my aunt. They have a will. What is my aunt's next step
Robert Shipley
Robert Shipley answered on Jul 20, 2020

The title to the property must be reviewed as well as the will. I am assuming from the description that your aunt's name was not on the title, but that should be verified. If your aunt's name is not on the title to the property then the will must be reviewed to determine the specifics... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... Read more »

Robert Shipley
Robert Shipley answered on Jul 13, 2020

The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: My father is deceased his house is in Trust, I'm the successor Trustee. Is the house considered mine? Like a 2ndary home

I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named... Read more »

James Kottaras
James Kottaras answered on Jul 9, 2020

Hopefully, at the time of the Declaration of Trust, your father's attorney also recorded a Quit-Claim Deed transferring the title from your father to the Trust. If not, then we would need to work with the Title Co. to record an Affidavit of Heirship to determine all the parties with an... Read more »

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2 Answers | Asked in Real Estate Law for Illinois on
Q: Unmarried couple purchasing a house, both names to be on deed, one person's name on loan, any advice?

I am purchasing a house with my girlfriend. Both names will be on the deed but only my name is to be on the loan and at this point in time, she won't sign any other papers. Am I screwed if anything happens later and we break up?

Robert Shipley
Robert Shipley answered on Jun 16, 2020

If only your name is on the mortgage, then you are the only individual obligated to pay that obligation. If title to the property is in both of your names, your girlfriend will remain in title (an owner) even though she is not a signatory to the mortgage. If there is a default on the mortgage,... Read more »

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1 Answer | Asked in Real Estate Law and Business Law for Illinois on
Q: Can a mortgage lender reject Power of Attorney?

If you are applying for a refinance mortgage on a Tenant In Common title where the other party won't be a co-borrower, can a lender reject your Power of Attorney for signing the title?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Yes because they do not have refinance you in the first place. The mortgagee probably does not want to lose the other mortgagor as a notemaker.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in Illinois subsidized housing. I am disabled and live in an apartment. We are being told we can't have visitors.

We are being told it's because of the Coronavirus and I don't think they have the right to tell us we can't have the family come and visit us. I want to know if they have that right since this might be something that will go on for quite a long while and it doesn't seem right... Read more »

Robert Shipley
Robert Shipley answered on Jun 13, 2020

I would recommend you review the terms of your lease to determine if there are any restrictions. Additionally, are there building rules/regulations which apply. Alghough due to COVID many buildings are adjusting their normal procedures, access to an individual's unit should not be restricted.

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... Read more »

Robert Shipley
Robert Shipley answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... Read more »

1 Answer | Asked in Real Estate Law and Environmental for Illinois on
Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... Read more »

Robert Shipley
Robert Shipley answered on May 18, 2020

Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: i am selling house, i am only one on title. on selling documents realtor put me and my wife as seller, is it ok

should i ask for my wife to be removed from selling documents since i am only one on title to make things easier, and if she is on agreement as a seller can it make it more difficult for tax paperwork (or anything else like that)

Kori Maria Bazanos
Kori Maria Bazanos answered on May 13, 2020

If this is your principal residence, your wife has homestead rights in the house and she will need to release those rights on the deed. You should hire an attorney to represent you with this transaction, and that attorney can explain these homestead rights more fully to you.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

Robert Shipley
Robert Shipley answered on May 13, 2020

Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the property manager be liable for the typo error that they have made and can I ask for financial damage?

In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo... Read more »

Robert Shipley
Robert Shipley answered on May 11, 2020

765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: i a have a tax lien on my home from my ex husband that he owes the IRS for $35000 and i cant get it off and he wont pay

i was divorced in 2014 and tried to refinance my home in 2015 and this is when i was told about the liens on my home. i have been trying to get him to pay for them or make arrangements but he refuses. i had tried to get my divorce lawyer to have him held in contempt of the court order but, she was... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on May 10, 2020

Unfortunately this is a problem that will likely require the assistance of an attorney. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Chicago: A signed lease states that the security deposit will be returned w/out interest, is a renter able to demand it?

We are landlords in Chicago, our renters are asking for interest on their security deposit. In our lease, which they signed, it says in a paragraph under the security deposit section and stated amount: "Interest and Security Deposit. In accordance with Illinois law, (765 ILCS 715/1, 715/2) and... Read more »

Robert Shipley
Robert Shipley answered on May 9, 2020

The lease would be subject to the Chicago Residential Landlord Tenant Ordinance (RLTO), which requires interest to be paid on the security deposit. The Illinois statute cited in the lease does not apply to buildings of the size you describe. The RLTO is a very Tenant favorable ordinance and case... Read more »

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