Legal Question in Real Estate Law in Illinois

tenant rights in an oral garage lease

For several years, I rented a garage, always paying 3 months rent, at a time. On 12/1/99, I paid 3 months rent, per our oral agreement. I have the cancelled check, which included my notation: "3 mo rent garage" and the address. On 12/28/99, the new owner of the garage called and left a message, stating that I had to stop using the garage ASAP, because he wanted to rent it to someone else. Can I keep the garage for the rest of the 3 month period, for which the former owner accepted payment? What does the new owner need to do to evict me? What can I do if he breaks my padlock and takes the garage? If I must give up the garage, who owes me a refund of my paid rent?


Asked on 12/29/99, 12:22 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: tenant rights in an oral garage lease

The new owner just can't toss you and your belongings out on the street. The new owner has to serve you with a notice, 10 or 30 days depending on the facts. It is apparent that the old owner did not tell the new owner that the garage was rented. At bottom line: you need to consult with an attorney as soon as possible to avert any possible adverse action against you by the new landlord. Where do you live??

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Answered on 1/03/00, 5:30 pm


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