If our rental has been foreclosed on, can we just move out?

UPDATED: Sep 2, 2011

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If our rental has been foreclosed on, can we just move out?

Our landlord is getting divorced  and his wife technically owns the property. A week or two ago, we got a notice on our door from the bank’s lawyer stating to send our rent payments to him. Our landlord has a reputation for being a shady drunk/druggie and has been known to break into tenant’s apartments looking for drugs. We don’t trust him. He has also broken a clause on the lease stating he provides us with fridge, stove and oven. Our fridge hasn’t worked in months. We didn’t sign a lease with the bank or his wife. Landlord says not to pay bank; bank says not to pay landlord.

Asked on September 2, 2011 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your rental is being foreclosed upon, you have the right to stay in the unit until the term of your lease comes to a completion under recent federal law. If you are on a month-to-month lease, you are entitled to reside in the unit until ninety (90) days after the foreclosure assuming you stay current on your lease.

Given the fact that you are receiving conflicting messages as to whom your rental check is to be made out to (landlord or the bank holding the mortgage) and there is no court order directing you how to pay the rent check yet, you might consider making the rent check out jointly to the landlord and the bank for the time being.

Given the difficulties you are facing with the rental as to whom rent payment is to be made coupled with the fact that your landlord has been not too responsive to your needs, perhaps is the time to send him a notice of termination of your lease and move out in the next thirty (30) days or so.

You might wish to consult with a landlord tenant attorney before you make a final decision concerning your rental.

Good luck.


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