As anyone who has ever rented an apartment or house before can attest, you are somewhat at the whim of your landlord. If they decide to paint the brick on the exterior of the building, you pretty much have to go along with it. If they decide to install a six-foot-tall iron sculpture of a duck in the front yard, there is unlikely much you can do about it. And how about if someone rents out an office building and the owner decides they do not like the neon sign that the tenant has their logo displayed in? Well, depending on the local regulations, the landlord can probably force you to take it down in favor of a less luminous advertisement.
But what happens if a property owner who rents it out to tenants, whether residential or commercial, or even industrial, sells their property? What are the tenant's rights?
When a Landlord Sells Property in Illinois, tenants have specific rights when their landlord decides to sell the property that they are renting. It is important for tenants to understand these rights in order for them to ensure that their interests are protected during the transition. The following is a breakdown of what tenants need to know.
Key Takeaways
- When a landlord sells their property, the existing lease agreements remain in effect, and the new owner must honor the terms until the lease expires.
- Tenants must continue paying rent to the new owner and should ensure they receive written confirmation of payment details to avoid disputes.
- The new owner is responsible for maintaining the property and addressing any repair issues, just as the previous landlord was required to do.
The Lease Agreements Remain in Effect
When a property is sold, the existing lease agreements are not automatically voided or altered. If a landlord wants to sell their property, they cannot cut a lease short and try to kick the current tenants out in advance of the contemplated sale. If the landlord does not want tenants occupying the property when it gets listed, for whatever reason, then they will have to wait until the current lease agreement expires before they go ahead and list the property.
Notification Requirements
Otherwise, they should provide their current tenants with adequate notice that they have sold their property. They do not have to give notice that they intend to sell, but once the sale has been entered into, it is not only good practice but necessary for them to inform their tenants of that fact. Illinois law requires landlords to notify tenants about a sale. Tenants should receive notice from the new owner once the property has been sold. This notice should include the new owner's contact information and any instructions for paying rent.
Similarly, the new owner must send the tenants a written document introducing themselves. They must also honor the terms of the lease, including the rent amount, duration, and other conditions. Tenants can continue to occupy the property under the same terms until the lease expires or is legally terminated.
It is also good practice for the new landlord to include this information in their written introduction. Letting the tenants know that they are to pay rent to a new entity but that, no, they will not be kicked out is an all-around good move on the part of the new landlord.
A landlord may not intend to continue renting their newly-acquired property out to the current tenants, or at all, and they may choose to not renew the lease agreements, but they cannot unilaterally terminate them partway through for no valid reason.
Security Deposits
The transfer of ownership of a rental property necessitates the transfer of the security deposit. The seller must transfer the security deposit to the new owner, who then assumes responsibility for its return. Tenants should ensure that their security deposit is transferred properly and that they receive written confirmation of the transfer. All of the parties involved share this responsibility.
Rent Payments
Tenants are required to continue paying rent to the new owner after the property sale. It is advisable to get written confirmation of where and how the rent should be paid. Tenants should also ensure that they keep records of all rent payments made to avoid disputes. The rent amount should remain the same, and if the new landlord tries to raise the rent amount prematurely, this may be grounds for a legal remedy.
Property Maintenance and Repairs
The new owner is responsible for maintaining the property in the same way as the former landlord had to, and they are also responsible for continuing to address any repair issues. Tenants should report maintenance issues to the new owner as they would have with the previous landlord. Failure to do so could result in delays in resolving problems. Generally speaking, the transition from the previous landlord to the new one should be relatively smooth because nothing much should be changed in terms of the basic outline that governs the rental agreement.
Lease Termination and Renewals
If a tenant's lease is set to expire soon after the sale, the new owner must follow the lease terms regarding renewal or termination. The tenant is not obligated to move out before the lease term ends unless they receive a legal notice of termination that complies with Illinois law. So, here, it is important to understand that the new landlord does not necessarily have to renew the lease. But, if they do choose to continue with the rental agreement into the next iteration, they must follow the guidelines found within the previous lease for how to go about renewing it for another cycle.
Legal Protections
Illinois law provides protections for tenants against unfair practices related to property sales. If a tenant feels that their rights are being violated during the sale of the property, they can seek legal advice or file a complaint with local tenant advocacy groups. Each city may have its own specific set of rules that govern the tenant and landlord relationship and will also often explain what should happen in the event of a sale of a rental property.
Eviction Notices
The sale of the property does not change the rules regarding eviction. If a new owner wishes to evict a tenant, they must follow the legal process for eviction in Illinois, including providing proper notice and the grounds for the eviction.
In Conclusion
For tenants in Illinois, understanding your rights when a rental property is sold is essential for ensuring a smooth transition. By staying informed about lease obligations, maintaining open communication with both the old and new owners, and seeking legal advice if needed, tenants can navigate the sale of their rental property with greater confidence and security.
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