Legal Question in Landlord & Tenant Law in Illinois

I am a renter of a foreclosed home. A home preservation company hired by the bank trespassed and burglarized my home without serving me a sheriff's eviction. Is that legal?


Asked on 7/12/12, 5:03 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Based on the facts you provide, it most certainly is not.

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Answered on 7/13/12, 6:43 am

I agree w Mr. Moens, but when you say "burglarized" do you simply mean they entered, or they took something. Trespassing in Illinois can be a civil action or, if the party refuses to leave, a criminal matter, having only to do with an unlawful entry. Burglary in Illinois is usually understood to be a crime consisting of an unlawful entry with intent to do something that is a crime inside. If something was taken, that is theft and an additional crime. However, if you were served with a notice of intent to inspect (in Chicago usually 2 days' notice required) the bank may have had the right to cause the home to be inspected whether or not you were there, depending on additional facts including but not limited to the terms of your lease. In the end, the question is what is your goal: to stop the entries without your being present, or because something of yours was taken? You may need to have an attorney review your lease depending on your goal.

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Answered on 7/14/12, 7:48 am


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