Legal Question in Landlord & Tenant Law in Illinois

Rights of individual not paying rent or any lease - how can it be handled
Couple of weeks ago, my father in law passed away. He was still legally married to my mother in law, the will that was made shows that she is the power of attorney over everything. They owned a 2 flat in the city of Chicago, she lived on the 1st floor and he lived upstairs with another woman for around 10-15years upstairs - they were always very civil to each other - father in law & mother in law separated not legally due to his infidelity. There was never any rent that was exchanged and the other women was left nothing. We are planning to sell this building the 1st of spring.

What I would like to know is does this other woman have any rights now as a tenant even though there is no lease agreement and no rent is being paid. We need to get into that apartment as much as possible to remove and go through his belongings - she is being very nasty. Also how do we go about getting her out of there? Can this other women ever go to court to contest the living trust that was drawn up and does she legally have any rights to anything? We want her out asap, however it has been said that she has to March 06 to get out!

Please advise how we can go about handling this in a civil way to avoid anything getting out of hand.

Asked on 11/09/05, 1:12 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Rights of individual not paying rent or any lease - how can it be handled

Hello. The "other woman" has no rights to the

builing/apartment, etc. You need to give her

a thirty days notice in order to evict her. As

to the personal belongings of your father-in-law,

they are assets of his estate. I will be happy

to answer any additional questions you might have.

Answered on 11/10/05, 12:10 am

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